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HomeMy WebLinkAboutPACKET Town Board 2023-01-24The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 24, 2023 7:00 p.m. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). RECOGNIZE COMPREHENSIVE PLAN ADVISORY COMMITTEE MEMBERS. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated January 10, 2023 and Town Board Study Session Minutes dated January 10, 2023. 3.Estes Park Planning Commission Minutes dated November 15, 2022 (acknowledgement only). 4.Resolution 03-23 On-Call Professional Services Contracts with HDR Engineering Inc., CDM Smith, Lithos Engineering, and JDS-Hydro/RESPEC for Water System Infrastructure Upgrades. LIQUOR ITEMS: 1.RESOLUTION 04-23 TRANSFER OF A RETAIL LIQUOR STORE LICENSE FROM KNH I&E, INC., DBA ROCKY MOUNTAIN DISCOUNT LIQUOR TO GOLDSANG INC., DBA ROCKY MOUNTAIN DISCOUNT LIQUOR, 350 W. RIVERSIDE DRIVE, ESTES PARK, CO 80517. Town Clerk Williamson. To consider the transfer of a retail liquor store liquor license application. The business sold on January 12, 2023 and a temporary permit was issued January 12, 2023. Prepared 01-13-2023 * Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PLANNING ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.ACTION ITEMS: A.RESOLUTION 05-23 SECOND SUPPLEMENTAL CONDOMINIUM MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT. Planner Woeber. To condominiumize Building H. ACTION ITEMS: 1.POLICE DEPARTMENT REORGANIZATION. Police Chief Hayes. Restructuring command staffing for the Police Department to align with contemporary police practices. No new full time employee positions. 2.RESOLUTION 06-23 CONDITIONALLY APPROVING A CONSTRUCTION CONTRACT WITH MOUNTAIN CONSTRUCTORS, INC., FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF US 36 AND COMMUNITY DRIVE. Director Muhonen. To consider conditionally approving a contract with the qualified bidder identified by staff through an Invitation to Bid (ITB) to construct a roundabout to improve the traffic safety at the intersection. REPORTS AND DISCUSSION ITEMS: 1.ESTES VALLEY HOUSING NEEDS ASSESSMENT AND STRATEGIC PLAN – FINAL REPORT. Deputy Town Administrator Damweber. Transmittal and presentation of the final report by Root Policy Research. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, January 10, 2023 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 10th day of January, 2023. Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Martchink/Hazelton) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Rick Grigsby/Town citizen levied his objection to the workforce housing regulatory linkage fee for the three vacation homes he operates on East Riverside Drive. He provided a written statement to the Town Board and requested individual meetings with the Board members to discuss his concerns. Tom and Susan Kaszynski/Town citizens commented on the proposed rezoning of 685 Peak View from E-1 to R-1 to develop 39 homes. They purchased their home with the understanding that the property would be developed with seven to eight homes. They stated concern with the proposed density and with the number of issues that need to be addressed before the proposal moves forward. John Meissner/Town citizen spoke to the needs of the migrants arriving in the Denver area. He further stated the Mayor of Denver has stated the individuals have two weeks to move out of the shelters. The YMCA has been contacted and ongoing discussion on housing migrants continues. He requested the Town make a statement, send staff, house migrants, etc. to assist in addressing the ongoing situation in Denver. TRUSTEE COMMENTS. Trustee comments were heard and summarized: Sister Cities held their first meeting since COVID, elected two new members, addressing IRS filings to reinstated activities of the group and to allow donations, future revisions to the bylaws, and a Memorandum of Agreement with the Town; Board of Adjustment reapproved a variance for a Habitat for Humanity project to build five homes; Visit Estes Park continues the planning for the Frozen Dead Guy Day; the Family Advisory Board met to elected Nancy Almond as chair and Deanna Ferrell as vice chair; thanked the staff of the Water Division for their work to address a water main break during the holidays; thanked the plow crew for their efforts during the holidays; the Transportation Advisory Board received a review of current projects and timelines for projects; and the Larimer County Behavior Health Policy Advisory Committee discussed the new facility off Trilby to open in December 2023, a grant request has been filed to obtain $10 million to build the adolescence building, and meeting with school personnel to support them and the children. DR A F T Page 3 Board of Trustees – January 10, 2023 – Page 2 TOWN ADMINISTRATOR REPORT. Town Administrator Machalek stated DOLA issued a letter to municipalities to identify how they may be able to assist the City and County of Denver with the current migrant situation. Staff continues to evaluate resources available to assist. Administrator Machalek reviewed the quarterly report for Policy Governance Policy 3.3 Financial Planning. He stated full compliance with the policy guidelines. 1.CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated December 13, 2022 and Town Board Study Session Minutes dated December 13, 2022. 3.Estes Park Board of Adjustment Minutes dated November 1, 2022 (acknowledgement only). 4.Transportation Advisory Board Minutes dated November 16, 2022 (acknowledgement only). 5.Parks Advisory Board Minutes dated November 17, 2022 (acknowledgement only). 6.Family Advisory Board Minutes dated December 1, 2022 (acknowledgement only). 7.Appointment of Carissa Streib and Rut Miller to the Estes Park Housing Authority for terms expiring April 30, 2028. 8.Resolution 01-23 Public Posting Area Designation. 9.Resolution 02-23 Authorizing Staff to Apply for DOLA’s Colorado Division of Housing Transformational Affordable Housing Grant. 10. Reappointments to the Local Marketing District Board of Directors of Sean Jurgens and Jerusha Rice for terms expiring December 31, 2026. 11. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Hazelton/Webermeier) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1.DOWNTOWN WAYFINDING SIGNAGE PROGRAM DESIGN & IMPLEMENTATION PLAN ADOPTION. Engineer Hook introduced Consultant Kristen Cypher/Michael Baker International who presented the final design and implentation schedule for the downtown wayfinding signage plan. She provided an overview of the project, including public engagement sessions held during 2022 with over 400 responses collected; the development of a pilot signage for the paid parking program which would be reused in the proposed plan; the development of a design palette using natural materials such as wood, stone, steel, etc; reviewed the different elements of the programs which would utilize nine types of signs from small directional to large kiosks; an additional four types of signs to consider in the future such as shuttle signs, historical markers, on trail directional and mile marker signs; discussed how braille and/or sign becons may be used to provide verbal messaging to those visually impaired and include options in bid packages; and a six phase approach has been included in the plan with a focus on the pedestrain signage in Phase I. Board comments and questions were heard and summarized: questioned the accuracy of translation; questioned if the paid parking funds could be used to pay for the signage plan; and acknowledged the plan feels genuine, authentic, and consistent with the brand experience. DR A F T Page 4 Board of Trustees – January 10, 2023 – Page 3 Kent Smith/Town citizen stated he was impressed with the design and encourage the Board to find funds to complete additional phases as soon as possible due to rising costs in materials. John Meissner/Town citizen stated concern with the accuracy of historical markers and with signage being placed directly on buildings. He encouraged the Town to utilize the Museum staff for the project and to place a draft for public comment before moving forward with the historical markers. After further discussion, it was moved and seconded (Hazelton/Martchink) to adopt the Downtown Wayfinding Signage Program Design & Implementation Plan, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 8:22 p.m. Wendy Koenig, Mayor Jackie Williamson, Town Clerk DR A F T Page 5 Town of Estes Park, Larimer County, Colorado January 10, 2023 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 10th day of January, 2023. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, and Deputy Town Clerk Beers Absent: None. Mayor Koenig called the meeting to order at 6:05 p.m. Detective Jennifer Morrow introduced Kristin Snyder, Police Officer II who began her employment with the Police Department in 2023. PARKS ADVISORY BOARD SUNSET REVIEW. Town Administrator Machalek stated Town Board Governing Policy 1.6.1.8 requires a sunset review for Town Committees at least once every five (5) years. The last sunset review for Parks Advisory Board (PAB) occurred in 2017. Supervisor Berg stated the PAB has three vacancies and provided the Town Board with the history and formation of the PAB previously known as the Tree Advisory Board. He reviewed the primary responsibilities of the committee as outlined in the bylaws. Staff stated the committee workload has decreased since the Arts Master Plan would be handled by the Estes Arts District, no plans to re-engage the Mountain Festival, and educational programs are being handled by outside organizations. The Board requested staff input on whether or not PAB should continue or change focus. Staff recommended the primary responsibilities be updated to include a focus on environmental sustainability it if were to continue. After further discussion, the Board was in agreement to direct staff to draft a resolution to sunset PAB and would consider the formation of a committee with a focus on environmental sustainability at a future meeting. TRANSPORTATION ADVISORY BOARD SUNSET REVIEW. Town Administrator Machalek stated Town Board Governing Policy 1.6.1.8 requires a sunset review for Town Committees at least once every five (5) years. The last sunset review for Transportation Advisory Board (TAB) occurred in 2017. Board Liaison to the TAB Trustee Martchink and TAB Chair Belle Morris recommended extending the TAB another five years. The Board was in agreement to continue TAB. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Town Administrator Machalek stated due to unpredictable weather the Board of County Commissioners requested a daytime study session to discuss Stormwater. It was determined staff would coordinate with the County to identify a date to hold the meeting. FUTURE STUDY SESSION AGENDA ITEMS. The discussion item for 1A Renewal was scheduled for February 14, 2023 with the US34 Transportation Management Organization and Workforce/Affordable Housing and Childcare Funding Policy Update items. There being no further business, Mayor Koenig adjourned the meeting at 6:32 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 6 Town of Estes Park, Larimer County, Colorado, November 15, 2022 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes Park on the 15 day of November 2022. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Elkins, Commissioner Hanson, Director Jessica Garner, Senior Planner Jeff Woeber, Larimer County Community Development Director Lesli Ellis, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: none Chair Comstock called the meeting to order at 1:30 p.m. There were 18 people from the public in attendance. AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Elkins) to approve the consent agenda. The motion passed 4-0 ACTION ITEMS Comprehensive Plan Director Jessica Garner Miriam McGilvray, consultant and project manager from Logan Simpson, was present and reviewed the entire process and steps of forming the Plan and shared a 31-page PowerPoint presentation that covered the what/where/why and how of the newly written Comprehensive Plan. The four chapters of the Plan were briefly discussed. It was stressed that the future land use map (FLUM) does not alter, circumvent or supersede established zoning districts; it is aspirational. The new Plan has consolidated the previous 18 future land use areas into 10. Additional recommendations from the Estes Valley Planning Advisory Committee (EVPAC) were to include language relating to the preservation of historic venues in the County and the heritage of the community. Also, add language to the three subjects under the Health and Social section to mirror the Larimer County Comprehensive Plan. And to remove the Future Study Area noted on the south end of the Opportunity Areas that are within the Larimer County unincorporated area. DISCUSSION: Vice Chair Heiser questioned Director Ellis about the deletion of the south-end study area. Ellis answered that it is not intended to be a growth area per the Larimer County Comp Plan. Director Garner stated that it would be agreeable to scale the study area back but was opposed to removing it. Regarding the Health and Social recommendations, Chair Comstock asked why they needed to be changed since the language is advisory and not binding. Ellis answered that this wording would mirror the Larimer County Plan. Page 7 Planning Commission – November 15, 2022 – Page 2 PUBLIC COMMENT: The following town citizens spoke in opposition to the Suburban Estate Future Land use category, stating that ¼ acre lots should not replace 1+ acre lots in the current E and E1 zoning and reducing the size of the lots won't fix the housing problems. Rebecca Urquhart, Connie Phipps, John Phipps, Pat Newsom, Kevin Smith, Wayne Newsom, Dick Spielman. Dave Shirk, town citizen, asked why the Plan had to go before the Town Board. Town Attorney Kramer answered that while the Planning Commission adopts the Plan, it is still subject to approval by the Town Board per state statutes. It was moved and seconded (Heiser/Hanson) to amend the document to include the language requested by the EVPAC, revising policy BE 3.5 on page 26: "The Town and County support opportunities for historic preservation, rehabilitation, and adaptive use of historic structures and sites in development review and land conservation activities to preserve the heritage of the community." The motion passed unanimously. It was moved and seconded (Hanson/Heiser) to amend the document to include the language requested by the EVPAC, revising policy HS 2.1 on page 42: The Town and County encourage expansion of health care and improve social services including availability, affordability and access to medical services in Estes Park. The motion passed unanimously. It was moved and seconded (Heiser/Hanson) to amend the document to include the language requested by the EVPAC, revising policy HS 2.2 on page 42: "The Town and County encourage partnerships between public not-for-profit and private health care provider clinics in the hospital in Estes Park and permanent supportive housing to provide a valuable resource and appropriate medical care for the community including vulnerable populations." The motion passed unanimously. It was moved and seconded (Heiser/Hanson) to amend the document to represent the diagram shown in option 2 to reduce the size of the Future Study Area on the south end of the Opportunity Area map. The motion passed unanimously. It was moved and seconded (Heiser/Elkins) to correct the Scribners errors on pages 2, 3, 11, 29 and 84, 90. These include changing all dates from 1997 to 1996, changing Planning Department to Planning Division, adding Department after Community Development, adding Park after Estes, changing visioning by the numbers to engagement by the numbers, and changing the map color in chapter 2, County Policies, to orange. The motion passed unanimously. Heiser acknowledged that he was listening to the public, there was extensive public comment over the past 18 months, and all comments have been considered. Trustee MacAlpine suggested the commission address the public comments regarding the ¼ lot. It was moved and seconded (Hanson/Elkins) approval and adoption of Resolution #01-22 for the Estes Forward Plan as amended, which will proceed to the Town Board for approval on December 6. The motion passed unanimously. REPORTS: Thanks were given to the CompPAC and all involved other the past 18 months to get us to where we are today. Page 8 Planning Commission – November 15, 2022 – Page 3 Chris Pawson will be considered for an appointment as a new Commissioner at the Town Board meeting on November 22. If approved, he will be at the next meeting. There will not be a Planning Commission meeting in December. There being no further business, Chair Comstock adjourned the meeting at 3:00 _______________________________ Chair Comstock Karin Swanlund, Recording Secretary Page 9       Page 10 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Director Bergsten, Project Manager Wesley Date: January 24, 2023 RE: Resolution 03-23 Approving On-Call Professional Services Contracts with HDR Engineering Inc., CDM Smith, Lithos Engineering, and JDS- Hydro/RESPEC for Water System Infrastructure Upgrades (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To support our mission to provide high-quality, reliable services while being good stewards of public resources and our natural setting by obtaining approval for the award of renewable Professional Services Contracts for on-call water services for the following firms: HDR Engineering, CDM Smith, Lithos Engineering, and JDS Hydro, a Division of RESPEC Company, LLC. Present Situation: Last year we performed an open solicitation process with follow-up interviews to select the consulting firms. Multiple contractors were selected for most categories to provide a pool for selection of technical support and with consideration of potential contractor schedule conflicts. Staff has finalized terms and conditions with four contract consulting firms to provide technical support for various as-needed tasks. The scope includes technical evaluations, emergency response, staff augmentation, specialty reviews, and master planning for our water future. Proposal: Staff proposes to use on-call contracting for staff augmentation and access to subject matter experts. The contracts are for an initial three-year period then renewable (upon mutual agreement) for two additional one-year periods. Work will be assigned through a task order process wherein each task order will have a defined scope-of services, fee and schedule. Page 11 The services are segregated into generalized categories described below. The descriptions are not all inclusive of activities that may be required by on-call professional services. ● Raw Water System (Selected firm: HDR Engineering) Typical Services: Support for redundant and reliable raw water supply, raw water intake analysis, raw water quality analysis, water conveyance planning ● Geotechnical Services (Selected firm: Lithos Engineering) Typical Services: geotechnical analysis, construction support for soil and excavation issues, dewatering ● Water Treatment Process (Selected firm: HDR Engineering) Typical Services: water treatment process trouble-shooting, alternatives investigation and development, asset improvements ● Water System Master Planning (Selected firm: JDS-Hydro/ RESPEC) Typical Services: water distribution system modeling analysis, trouble-shooting, development impacts analysis, water demand update, funding support ● Environmental and Water Resources Planning (Selected firms: CDM Smith, HDR Engineering) Typical Services: water accounting and water rights support, permitting support, environmental impact analysis Advantages: ● Provides pool of technical resources to augment our current staff’s skills and workloads and supplements our staff with uniquely skilled professionals. ● Ready access and quick support on an as-needed basis for specialized consulting services and a wide scope of technical skills needed at irregular intervals. Disadvantages: ● Potentially higher costs; however, with more than one firm selected for most categories, we can provide the best-fit level of effort and cost for each task order and engage the specialized skills of the consultants that are not available with our current staff. ● Consultants are outside the direct control of the Town’s organization; however, they provide expertise and third-party objectivity focused on the project or task at hand without distractions from operations and maintenance demands. Action Recommended: Staff recommends approval of the multi-year Professional Services Contracts. Page 12 Finance/Resource Impact: 2023 funds have been budgeted for this work. Funding for future years will be allocated through the annual budget process. Level of Public Interest Low Sample Motion: I move for the approval/denial of Resolution 03-23. Attachments: 1. Resolution 03-23 2. On-Call Professional Services Contract with HDR Engineering, Inc. 3. On-Call Professional Services Contract with CDM Smith, Inc. 4. On-Call Professional Services Contract with Lithos Engineering 5. On-Call Professional Services Contract with JDS-Hydro/ RESPEC, LLC. Page 13 RESOLUTION 03-23 APPROVING ON-CALL PROFESSIONAL SERVICES CONTRACTS WITH HDR ENGINEERING INC., CDM SMITH, LITHOS ENGINEERING, AND JDS-HYDRO/RESPEC FOR WATER SYSTEM INFRASTRUCTURE UPGRADES WHEREAS, the Utilities Department issued a request for proposals for on-call professional engineering services in June 2022 to fulfill water system project needs including but not limited to water system master planning, environmental and water resources planning, distribution system analysis and model calibration, geotechnical services, surveying, instrumentation and controls, water treatment processes, raw water system, and construction management and inspection; and WHEREAS, four (4) firms were selected to be part of a pool of thirteen (13) professional engineering, geotechnical and surveying resources to assist on completion of the Capital Improvement Projects as approved in the Water Activity Enterprise budget; and WHEREAS, this work is budgeted and planned, but the scope of the individual task orders is variable, meaning that in aggregate the costs may ultimately exceed staff spending authority under current policy; and WHEREAS, on-call contracts have been negotiated with the final four (4) out of thirteen (13) firms; and WHEREAS, the Town Board of Trustees wishes to enter contracts with these firms to facilitate the water system infrastructure updates. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the on-call professional services contracts with HDR Engineering, Inc., CDM Smith, Lithos Engineering, and JDS-Hydro/RESPEC; in substantially the form now before the Board. If, in any fiscal year, the amount to be spent under any such contract will exceed staff spending authority under Town policies, Town Board approval shall be required for the exceeding expenditures under that contract. The approval will authorize further expenditures, not to exceed an amount specified by the Town Board for that contract during that year. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 14 PROFESSIONAL SERVICES CONTRACT On-Call Contract for Professional Services Related to Raw Water System, Water Treatment Processes, and Environmental and Water Resources Planning The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and HDR Engineering, Inc. (Consultant), a Nebraska Corporation, whose address is 1670 Broadway, Suite 3400, Denver, CO 80202-4824, make this Contract this _____ day of , 2023, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the Services of Consultant as described herein; and 1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 2.5 The following Special Conditions of the Contract, if any: Document Title Page(s) 2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for particular assignments for Consultant that are mutually agreed upon in writing by the Consultant; ATTACHMENT 2 Page 15 Town of Estes Park Professional Services Contract --Page 2 of 12 2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and 2.8 Insurance Certificates. 3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders for Raw Water System, Water Treatment Processes, and/or Environmental and Water Resources Planning, when requested by the Town. The Town shall provide the Consultant with a Request for Services, and the Consultant may accept or deny the Request for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for Services, the Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, by the time described in the accepted Request for Services. This shall occur on an as-needed basis for each individual assignment under this Contract. 5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed basis documented by email or other written correspondence between the Town and Consultant for each individual assignment under this Contract, and the not-to-exceed billing rates provided by the Consultant, as described in section 2.7. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. Page 16 Town of Estes Park Professional Services Contract --Page 3 of 12 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation proposed in a task order and remaining unpaid will not be sufficient to complete the Services described in the task order. If the scope of work changes, both parties agree to negotiate any change in scope and fee before finalizing. Should the Town be unable to agree to additional fee needed for such a change in scope, due to a funding issue, then the Consultant will not be liable for uncompleted work that is the result of the failure to acquire additional funding. 8 CONSULTANT'S DUTIES: 8.1 Consultant shall perform all services required hereunder with the care and skill ordinarily exercised by members of the same profession providing the same services at the same time and in Colorado. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances and at the same time and in Colorado (“Standard of Care.”) 8.4 Consultant's work, including drawings and other tangible work products provided to Town, be in accordance with the Standard of Care, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services may include detailed independent verification of data prepared or supplied by Town. If not included, Consultant will be able to rely on the accuracy of data provided by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may Page 17 Town of Estes Park Professional Services Contract --Page 4 of 12 attend. Town will pay for any meeting time exceeding Consultant’s total estimate of included hours, according to Consultant’s Rate Sheet. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town and the “Standard of Care.” 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under Page 18 Town of Estes Park Professional Services Contract --Page 5 of 12 this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used or modified in performing Services under this Contract are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Jacqueline A. Wesley, P.E. Project Manager 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517 CONSULTANT: Jenn Stillman, P.E. Contract Manager 1670 Broadway, Suite 3400 Denver, CO 80202-4824 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and Page 19 Town of Estes Park Professional Services Contract --Page 6 of 12 health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for $1,000,000 per claim and in the annual aggregate. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of $500, 000. 17.3 General liability, including contractual liability, of $1,000, 000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional Page 20 Town of Estes Park Professional Services Contract --Page 7 of 12 insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a copy of each required policy with sensitive and privileged information redacted concerning internal financial information such as rates and pay structures. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Jacqueline A. Wesley, P.E. With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, materially change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits below the specified limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections Page 21 Town of Estes Park Professional Services Contract --Page 8 of 12 provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property and (2) to the extent caused, by any negligent act, error or omission of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Page 22 Town of Estes Park Professional Services Contract --Page 9 of 12 Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on its effective date, and shall continue through December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon mutual agreement of both parties. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, Page 23 Town of Estes Park Professional Services Contract --Page 10 of 12 photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. Signature pages follow. Page 24 Town of Estes Park Professional Services Contract --Page 11 of 12 CONSULTANT:HDR ENGINEERING, INC. By: Date Title: _______________________________ State of ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of 2023, by ______________________________, as of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Page 25 Town of Estes Park Professional Services Contract --Page 12 of 12 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2023. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 26 Estes Park | General Egnineering Services Attachment A Price Proposal hdrinc.com 1670 Broadway, Suite 3400, Denver, CO 80202-4824 303. 764.1520 Confidential – Price Proposal for General Engineering On-Call Services - HDR ATTACHMENT A PRICE PROPOSAL FORM Company Name: HDR Position Title Hourly Rate Hourly Rate % Increase Project Start 1/1/2023 1/1/2024 Through Through Through 12/31/2022 12/31/2023 12/31/2024 Independent Consultant $290.00 $298.70 3.5% Contract Manager/Tech Advisor/QA&QC $250.00 $257.50 3.5% Task/Project Manager $240.00 $247.20 3.5% Technical Lead $245.00 $252.35 3.5% Sr. Architect $230.00 $236.90 3.5% Architect $200.00 $206.00 3.5% Sr. Structural/Mechanical Engineer/ Fire Life Safety Engineer $ 230.00 $236.90 3.5% Structural/Mechanical Engineer/Fire Life Safety Engineer $200.00 $206.00 3.5% Sr. Electrical Engineer/I&C Engineer $240.00 $247.20 3.5% Electrical Engineer/I&C Engineer $180.00 $185.40 3.5% Sr. Construction Manager $195.00 $200.85 3.5% Geotechnical Engineer $185.00 $190.55 3.5% Env./Civil Engineer/Construction Manager $170.00 $175.10 3.5% Cathodic Protection Engineer $160.00 $164.80 3.5% Cost Estimator/Scheduling Specialist $155.00 $159.65 3.5% Senior Engineer II $235.00 $242.05 3.5% Senior Engineer I $220.00 $226.60 3.5% Staff Engineer VII $205.00 $211.15 3.5% Staff Engineer VI $190.00 $195.70 3.5% Staff Engineer V $175.00 $180.25 3.5% Staff Engineer IV $160.00 $164.80 3.5% Staff Engineer III $145.00 $149.35 3.5% Staff Engineer II $135.00 $139.05 3.5% Staff Engineer I $120.00 $123.60 3.5% EIT $105.00 $108.15 3.5% Sr. CAD $150.00 $154.50 3.5% CAD $135.00 $139.05 3.5% Sr. Inspector $155.00 $159.65 3.5% Inspector $125.00 $128.75 3.5% Controller $140.00 $144.20 3.5% Clerical/Word Processing $115.00 $118.45 3.5% Terms Payment Terms: Net 30 Markup Allowed on Sub-consultants: 5% Mileage Rate: $0.585 or current IRS allowable mileage rate Other Direct Costs: At Cost Travel Reimbursement: Meals, tips, and incidentals at federal government (M+IE) per diem rate. Reasonable lodging expenses reimbursed with itemized bill. Exhibit A: Consultant's Rate Sheet Page 27 PROFESSIONAL SERVICES CONTRACT On-Call Contract for Professional Services Related to Environmental and Water Resources Planning The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and CDM Smith Inc. (Consultant), a Massachusetts Corporation, whose address is 555 17th Street, Suite 500, Denver, CO 80202, make this Contract this _____ day of , 2023, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the Services of Consultant as described herein; and 1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 2.5 The following Special Conditions of the Contract, if any: Document Title Page(s) 2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for particular assignments for Consultant; 2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and ATTACHMENT 3 Page 28 Town of Estes Park Professional Services Contract --Page 2 of 12 2.8 Insurance Certificates. 3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders for Environmental and Water Resources Planning, when requested by the Town. The Town shall provide the Consultant with a Request for Services, and the Consultant may accept or deny the Request for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services standardly and typically necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. Costs for specialty materials, machinery, equipment, tools, and other accessories or services shall be enumerated in the scope of services for each task order and paid in accordance with the quoted costs. 4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for Services, the Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, by the time described in the accepted Request for Services. This shall occur on an as-needed basis for each individual assignment under this Contract. 5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed basis documented by email or other written correspondence between the Town and Consultant for each individual assignment under this Contract, and the not-to-exceed billing rates provided by the Consultant, as described in section 2.7. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. In the event the Town is unable to discharge its financial obligations hereunder, Consultant may suspend or terminate performance upon reasonable notice to the Town. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: Page 29 Town of Estes Park Professional Services Contract --Page 3 of 12 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Without creating a fiduciary relationship, Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. Consultant shall perform all services required hereunder with the care and skill ordinarily exercised by members of the same profession providing the same services at the same time and in the state of Colorado. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and free from any material errors, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. Page 30 Town of Estes Park Professional Services Contract --Page 4 of 12 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. Town will pay for any meeting time exceeding Consultant’s total estimate of included hours, according to Consultant’s Rate Sheet. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8.8 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material Page 31 Town of Estes Park Professional Services Contract --Page 5 of 12 and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. For avoidance of doubt, Consultant retains sole and exclusive rights and title into any and all intellectual property, including software and source code, that pre-dates this Agreement. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Jacqueline A. Wesley, P.E. Project Manager 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517 CONSULTANT: Solomon Abel, P.E. Officer-in-Charge 555 17th Street, Suite 500 Denver, CO 80202 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, Page 32 Town of Estes Park Professional Services Contract --Page 6 of 12 or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement to the extent of Consultant’s wrongful use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of Consultant’s actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary Page 33 Town of Estes Park Professional Services Contract --Page 7 of 12 insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Jacqueline A. Wesley, P.E. With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall provide protection to the Town as an additional insured to the same extent as to the Consultant. These policies shall provide that the Town be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than Page 34 Town of Estes Park Professional Services Contract --Page 8 of 12 the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 36 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused by the negligent act or omission of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. Page 35 Town of Estes Park Professional Services Contract --Page 9 of 12 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on its effective date, and shall continue through December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon mutual agreement of both parties. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by Page 36 Town of Estes Park Professional Services Contract --Page 10 of 12 giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual damages to the Town. Signature pages follow. Page 37 Town of Estes Park Professional Services Contract --Page 11 of 12 CONSULTANT By: Date Title: _______________________________ State of ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of 2023, by ______________________________, as of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Page 38 Town of Estes Park Professional Services Contract --Page 12 of 12 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2023. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 39 Town of Estes Park | General Engineering On-Call Services 1 ATTACHMENT A PRICE PROPOSAL FORM Company Name: CDM Smith Inc. Position Title*Rate Project Start Through 12/ 31/22 Rate 01/01/23 Through 12/ 31/ 23 Increase 01/01/24 Through 12/31/ 24 Quality Specialist / Principal $280.00 $288.00 3% Technical Specialist $270.00 $275.00 3% Sr. Project Manager $265.00 $270.00 3% Project Manager I $225.00 $230.00 3% Project Manager II $200.00 $210.00 3% Regulatory Specialist / Cost Estimator $185.00 $195.00 3% Sr. Engineer I $240.00 $245.00 3% Sr. Engineer II $210.00 $220.00 3% Staff Engineer I $180.00 $185.00 3% Staff Engineer II $140.00 $150.00 3% Junior Engineer $115.00 $120.00 3% Sr. Designer $165.00 $170.00 3% Designer $140.00 $145.00 3% Drafter I $125.00 $130.00 3% Drafter II $100.00 $105.00 3% Administrative $120.00 $125.00 3% Clerical $110.00 $115.00 3% Note: For applicable disciplines (e.g., surveying, geotechnical) submit a separate sheet with the additional non-hourly services (laboratory, drilling) or required equipment. Terms Payment Terms:Net 30 Markup Allowed on Sub-consultants:5% All position titles to be used on Task Order assignments must be shown. All costs must be included in the hourly rates. No additional project costs will be allowed. Incidental expenses, including, but not limited to, the following should be incorporated into labor rates and shall not be billed as a separate charge: Telephone charges Postage and delivery Technology costs (computer usage, office equipment, etc.) Accounting Marketing If your company is proposing reimbursement of travel costs, describe your travel policy i.e., limits on meals, bill rate for mileage and the hourly personnel bill rate during travel time. 1. Staff billing rates provided are applicable to services provided through December 31, 2024. Billing rates will be adjusted after this date annually based on the Consumer Price Index as published by the US Bureau of Labor Statistics. CDM Smith will coordinate with the Client to obtain agreement on updates to the rate table before any changes are implemented. 2. Vehicle mileage shall be at current IRS audit rate at time-of-service performance. 3. Office-related consumable supplies, project-related printing and reproduction services, and travel-related items such as car rentals and hotels will be billed at cost. Page 40 PROFESSIONAL SERVICES CONTRACT On-Call Contract for Professional Services Related to Geotechnical Services The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Lithos Engineering (Consultant), a Colorado limited liability company, whose address is 2750 S. Wadsworth Boulevard, Suite D-200, Denver, CO 80227, make this Contract this ___ day of 2023, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the Services of Consultant outlined as described herein; and 1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 2.5 The following Special Conditions of the Contract, if any: Document Title Page(s) 2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for particular assignments for Consultant; 2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and ATTACHMENT 4 Page 41 Town of Estes Park Professional Services Contract --Page 2 of 12 2.8 Insurance Certificates. 3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders for the Geotechnical Services, when requested by the Town. The Town shall provide the Consultant with a Request for Services, and the Consultant may accept or deny the Request for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for Services, the Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, by the time described in the accepted Request for Services. This shall occur on an as-needed basis for each individual assignment under this Contract. 5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed basis documented by email or other written correspondence between the Town and Consultant for each individual assignment under this Contract, and the not-to-exceed billing rates provided by the Consultant, as described in section 2.7. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. Page 42 Town of Estes Park Professional Services Contract --Page 3 of 12 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. Town will pay for any meeting time exceeding Consultant’s total estimate of included hours, according to Consultant’s Rate Sheet. Page 43 Town of Estes Park Professional Services Contract --Page 4 of 12 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without Page 44 Town of Estes Park Professional Services Contract --Page 5 of 12 further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used or modified in performing Services under this Contract are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Jacqueline A. Wesley, P.E. Project Manager 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517 CONSULTANT: Benny Siljenberg, P.E. Vice President 2750 Wadsworth Boulevard, Suite D-200 Denver, CO 80227 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration Page 45 Town of Estes Park Professional Services Contract --Page 6 of 12 OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: The Consultant shall secure all applicable permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and reasonable attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. Page 46 Town of Estes Park Professional Services Contract --Page 7 of 12 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Jacqueline A. Wesley, P.E. With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. Page 47 Town of Estes Park Professional Services Contract --Page 8 of 12 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party, caused by any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, by any error, omission or negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no Page 48 Town of Estes Park Professional Services Contract --Page 9 of 12 supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on its effective date, and shall continue through December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon mutual agreement of both parties. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. Page 49 Town of Estes Park Professional Services Contract --Page 10 of 12 In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. Signature pages follow. Page 50 Town of Estes Park Professional Services Contract --Page 11 of 12 CONSULTANT By: Date Title: _______________________________ State of ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of 2023, by ______________________________, as of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Page 51 Town of Estes Park Professional Services Contract --Page 12 of 12 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2023. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 52 Request for Proposal - General Engineering Services Page 10 of 25 ATTACHMENT A PRICEPROPOSALFORM Company Name:______________________________________________________ Position Title* Rate Project Start Through 12/31/22 Rate 01/01/ 23 Through 12/31/ 23 Increase 01/01/24 Through 12/31/ 24 Note: For applicable disciplines (e.g., surveying, geotechnical) submit a separate sheet with the additional non-hourly services (laboratory, drilling) or required equipment. Terms Payment Terms:Net 30 Markup Allowed on Sub-consultants:5% All position titles to be used on Task Order assignments must be shown. All costs must be included in the hourly rates. No additional project costs will be allowed. Incidental expenses, including, but not limited to, the following should be incorporated into labor rates and shall not be billed as a separate charge: Telephone charges Postage and delivery Technology costs (computer usage, office equipment, etc.) Accounting Marketing If your company is proposing reimbursement of travel costs, describe your travel policy i.e., limits on meals, bill rate for mileage and the hourly personnel bill rate during travel time. Lithos Engineering Senior Consultant Principal Sr. Professional II Sr. Professional I Professional II Professional I Staff Professional III Staff Professional II Staff Professional I Administrative 210 215 200 180 160 145 125 110 100 75 216 206 221 185 164 149 128 113 103 77 222 227 212 190 168 153 131 116 106 79 Travel time will be charged at the individual’s billing rate and mileage will be charged at IRS rate. Exhibit A: Consultant's Rate Sheet Page 53 PROFESSIONAL SERVICES CONTRACT On-Call Contract for Professional Services Related to Water System Master Planning The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and JDS-Hydro, a Division of RESPEC Company, LLC (Consultant), a Colorado limited liability company, whose address is 5540 Tech Center Driver, Suite 100, Colorado Springs, Colorado 80919, make this Contract this __________ day of _____________________, 2023, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Consultant as described herein; and 1.2 Consultant has agreed to provide the Services on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 2.5 The following Special Conditions of the Contract, if any: Document Title Page(s) 2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for particular assignments for Consultant; 2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and ATTACHMENT 5 Page 54 Town of Estes Park Professional Services Contract --Page 2 of 12 2.8 Insurance Certificates. 3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders for the Water System Master Planning, when requested by the Town. The Town shall provide the Consultant with a Request for Services, and the Consultant may accept or deny the Request for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for Services, the Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, by the time described in the accepted Request for Services. This shall occur on an as-needed basis for each individual assignment under this Contract. 5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed basis documented by email or other written correspondence between the Town and Consultant for each individual assignment under this Contract, and the not-to-exceed billing rates provided by the Consultant and incorporated herein, as described in section 2.7. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. Page 55 Town of Estes Park Professional Services Contract --Page 3 of 12 7.3 Any part of such payment is attributable to Services not conforming to this Contract. Town will pay for any part attributable to conforming Services). 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. The standard of care for all professional and related services performed or furnished by Consultant under this Contract will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and free from any material errors, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. Town will pay for any meeting time exceeding Consultant’s total estimate of included hours, according to Consultant’s fee schedule attached to Consultant’s Rate Sheet. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. Page 56 Town of Estes Park Professional Services Contract --Page 4 of 12 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set Page 57 Town of Estes Park Professional Services Contract --Page 5 of 12 of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used or modified in performing Services under this Contract are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Jacqueline A. Wesley, P.E. Project Manager 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517 CONSULTANT: Mario DiPasquale, P.E. 5540 Tech Center Drive, Suite 100 Colorado Springs, CO 80919 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. Page 58 Town of Estes Park Professional Services Contract --Page 6 of 12 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. Page 59 Town of Estes Park Professional Services Contract --Page 7 of 12 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Jacqueline A. Wesley, P.E. With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. Page 60 Town of Estes Park Professional Services Contract --Page 8 of 12 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused by any negligent acts, errors or omissions of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services, except when claims or actions are caused by the negligent acts, errors or omissions of the Town of Estes Park. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. Page 61 Town of Estes Park Professional Services Contract --Page 9 of 12 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on its effective date, and shall continue through December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon mutual agreement of both parties. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by Page 62 Town of Estes Park Professional Services Contract --Page 10 of 12 giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. Signature pages follow. Page 63 Town of Estes Park Professional Services Contract --Page 11 of 12 CONSULTANT By: Date Title: _______________________________ State of ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of 2023, by ______________________________, as of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Page 64 Town of Estes Park Professional Services Contract --Page 12 of 12 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2023. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 65 JDS -Hydro a division of RESPEC | RSI/P -7268 Response to RFP No. 0518 2022 General Engineering Services 1 Price Proposal Company Name:______RESPEC-JDS________________________________________________ 2022 Standard Billing Rates Position Title* Rate Project Start Through 12/31/22 Rate 01/01/23 Through 12/31/23 Rate 01/01/24 Through 12/31/24 Principal Engineer $195 to $205 $200 to $210 $ 210 to $220 Senior Technical Leads $195 to $205 $200 to $210 $ 210 to $220 Senior Project Manager $170 to $190 $180 to $195 $ 190 to $205 Project and Task Managers $160 to $190 $170 to $195 $ 180 to $205 Project Engineers $140 to $160 $150 to $160 $ 160 to $170 Staff Engineers $120 to $140 $130 to $140 $ 140 to $150 Biologists $120.00 $130.00 $140.00 Senior Design Technician $130.00 $140.00 $150.00 Engineering Technician $100 to $130 $110 to $140 $ 120 to $150 Senior Construction Manager $155.00 $165.00 $175.00 Construction Manager / Sr. Inspector $130.00 $140.00 $150.00 Project Inspector $110.00 $120.00 $130.00 Lead Electrical- I/C Engineer $190.00 $200.00 $210.00 Project Electrical-I/c Engineer $160.00 $170.00 $180.00 Administrative/Clerical $80.00 $85.00 $90.00 Mileage Regulatory Rate Regulatory Rate Regulatory Rate Direct Costs (added to external sources only) At Cost At Cost At Cost Note: For applicable disciplines (e.g., surveying, geotechnical) submit a separate sheet with the additional non-hourly services (laboratory, drilling) or required equipment. Terms Payment Terms: Net 30 Markup Allowed on Sub-consultants: 5% All position titles to be used on Task Order assignments must be shown. All costs must be included in the hourly rates. No additional project costs will be allowed. Incidental expenses, including, but not limited to, the following should be incorporated into labor rates and shall not be billed as a separate charge: Telephone charges Postage and delivery Technology costs (computer usage, office equipment, etc.) Accounting Marketing If your company is proposing reimbursement of travel costs, describe your travel policy i.e., limits on meals, bill rate for mileage and the hourly personnel bill rate during travel time. John McGinn, PE, On-Call Principal Exhibit A: Consultant's Rate Sheet Page 66 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson Date: January 24, 2023 RE: Resolution 04-23 Transfer of Ownership from KNH I&E, Inc. dba Rocky Mountain Discount Liquor to Goldsang Inc. dba Rocky Mountain Discount Liquor, 350 W Riverside Drive, Retail Liquor Store License PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Transfer an existing liquor license located at 350 W Riverside Drive to the applicant, Goldsang Inc. Present Situation: A Retail Liquor Store license is currently held at the location referenced above by KNH I&E, Inc. dba Rocky Mountain Discount Liquor. The applicant is requesting a transfer of the license and submitted a complete application to the Town Clerk’s office on December 12, 2022, and a temporary permit was issued January 12, 2023. The temporary permit authorizes the transferee to continue the sale of alcohol as permitted under the current license while the application to transfer ownership of the license is pending. The applicant submitted all necessary paperwork and fees and is aware of the TIPS training requirement. Proposal: The Town Board to review and consider the application to transfer the existing license to Goldsang Inc. dba Rocky Mountain Discount Liquor. Advantages: The transfer of the license provides the business owner with the opportunity to continue operating an existing, liquor-licensed establishment without an interruption of service to its clientele. Disadvantages: The business owner is denied the opportunity to continue operating an existing liquor- licensed business during the licensing process. TOWN CLERK’S OFFICE Memo Page 67 Action Recommended: Approval to transfer the existing Retail Liquor Store license to Goldsang Inc. dba Rocky Mountain Discount Liquor. Budget: The fee paid to the Town of Estes Park for a Retail Liquor Store license transfer is $1086. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the renewal fee payable to the Town for a Retail Liquor Store license is $636 per year. Level of Public Interest: Low Sample Motion: I move to approve/deny Resolution 04-23 for the transfer of Retail Liquor Store license filed by Goldsang Inc. dba Rocky Mountain Discount Liquor. Attachments 1. Procedures for Transfer 2.Resolution 04-23 3.Application 4.Individual History 5. Diagram 6.Police Report Page 68 January 2023 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. A public hearing on the application to transfer a Retail Liquor Store license held by KNH I&E, Inc. dba Rocky Mountain Discount Liquor to Goldsang Inc. dba Rocky Mountain Discount Liquor located at 350 W. Riverside Drive, Estes Park, Colorado. TOWN CLERK. Will present the application to transfer a Retail Liquor Store license to Goldsang Inc. dba Rocky Mountain Discount Liquor and confirm the following: The application was filed December 12, 2022 . The Town has received all necessary fees and hearing costs. The applicant is filing as a Inc. . There is a police report with regard to the investigation of the applicants. Status of T.I.P.S. Training: Unscheduled Completed X Pending Confirmation MAYOR.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. MOTION: I move that Resolution XX-23 be approved/denied to transfer a Retail Liquor Store license held by KNH I&E, Inc. dba Rocky Mountain Discount Liquor to Goldsang Inc. dba Rocky Mountain Discount Liquor located at 350 W Riverside Drive, Estes Park, Colorado. CLOSING: I declare the Liquor Licensing Authority for the Town of Estes Park is adjourned and I now reconvene the regular Town Board meeting. ATTACHMENT 1 Page 69 RESOLUTION 04-23 APPROVING A TRANSFER OF A RETAIL LIQUOR STORE LICENSE FROM KNH I&E, INC. DBA ROCKY MOUNTAIN DISCOUNT LIQUOR TO GOLDSANG INC. DBA ROCKY MOUNTAIN DISCOUNT LIQUOR, 350 W RIVERSIDE DRIVE, ESTES PARK, CO 80517 WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on January 24, 2023 for a Transfer of a Retail Liquor Store License, filed by KNH I&E, Inc. dba Rocky Mountain Discount Liquor to Goldsang Inc. dba Rocky Mountain Discount Liquor, 350 W Riverside Drive, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-303 and § 44-3-307 and Regulation 304 requires the licensing authority to consider the requirements outlined in said sections for a transfer application; and WHEREAS, the Board of Trustees finds application meets the requirements outlined in the aforementioned sections of the statutes and liquor regulations for the granting of this transfer of a liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves the application for a Transfer of a Retail Liquor Store License, filed by Goldsang Inc. dba Rocky Mountain Discount Liquor, 350 W Riverside Drive, Estes Park, Colorado. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 2 Page 70 ATTACHMENT 3 Page 71 Page 72 Page 73 Page 74 Page 75 ATTACHMENT 4 Page 76 Page 77 Page 78 Page 79 ATTACHMENT 5 Page 80 ATTACHMENT 6 Page 81 Page 82 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1. MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 1.A. RESOLUTION 05-23 SECOND SUPPLEMENTAL CONDOMINIUM MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application. Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2. STAFF REPORT. Review the staff report. Review any conditions for approval not in the staff report. 3. APPLICANT. The applicant makes their presentation. 4. PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5. REBUTTAL. The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. Page 83 2 6. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the application. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 7. SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 84 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: January 24, 2023 RE: Resolution 05-23, Second Supplemental Condominium Map, The Meadows at Wildfire Condominiums, 1802 Wildfire Road, Wildfire Homes LLC, Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an application for a Supplemental Map for one building (Building H) within the Meadows at Wildfire Condominiums, and review for compliance with the Estes Park Development Code (EPDC). Present Situation: The subject property is legally described as Lot 1, Block 1 of Wildfire Homes Subdivision, and is 5.19± acres in size. The site is zoned RM- Multi-Family Residential. This is part of the “Wildfire” project, which consists of 43 total lots. One lot will be for office use, 14 lots for detached single-family homes, 26 lots for townhomes, and 2 lots for condominium projects including the subject condominium project, “The Meadows.” The Meadows received approval of a Preliminary Condominium Map and a Development Plan in late 2019. The condominium projects were approved as workforce housing, in accordance with the EPDC. Each of the nine buildings will contain eight condominium units. Development of the Meadows Condominiums is underway. A Condominium Map for Building F was approved by the Town Board on January 11, 2022. Each subsequent building involves a “Supplemental Map,” with the First Supplemental Map for Building E reviewed and approved by the Town Board on February 22, 2022. Page 85 Proposal: In order to comply with EPDC and Statutory requirements for condominiums, a Supplemental Map depicting the precise location of each building, along with scaled, dimensioned drawings of the interior layout of each, is filed for recordation in the records of the Larimer County Clerk and Recorder. This Second Supplemental Map for Building H requires review and approval by the Town Board of Trustees. Advantage: •This proposal complies the applicable standards of the EPDC, specifically: Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H “Condominiums, Townhouses and Other Forms of Airspace Ownership.” Disadvantages: None identified. Action Recommended: Staff recommends approval of Resolution 05-23. Finance/Resource Impact: Little or none. Level of Public Interest Low. The Community Development Department has not received any verbal or written public comments or inquiries to date. Sample Motion: I move that the Town Board of Trustees approve Resolution 05-23. I move that the Town Board of Trustees deny Resolution 05-23, finding that [state findings for denial]. I move to continue Resolution 05-23 to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Resolution 05-23 2.Vicinity Map 3.Statement of Intent 4.Application Form 5. Supplemental Map Page 86 RESOLUTION 05-23 APPROVING THE SECOND SUPPLEMENTAL CONDOMINIUM MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS, LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION WHEREAS, an application for the Second Supplemental Condominium Map of The Meadows at Wildfire Condominiums, which legally establishes Building H, was filed by Wildfire Homes LLC (owner); and WHEREAS, The Meadows at Wildfire Condominiums, located on Lot 1, Block 1, Wildfire Homes Subdivision, and being within an RM (Multi-Family Residential) Zone District, has received approval of a Preliminary Condominium Map and a Development Plan as required by the Estes Park Development Code; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Second Supplemental Condominium Map for the Meadows at Wildfire Condominiums is hereby approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 87 Site Location LAKE ESTES BIG T H O M P S O N A V E DR Y G U L C H R D ELK TRAILCT RAV E N A V E WILDFIRERD LAKEFRON T S T LONE PINE DR G R A NDESTATES DR D E E R P ATH CT PINE LN RAVE N C I R HIGH PINE DR NORTH R ID G E LN BELLEV U E DR NOR T H L A K E A V E RE D TAIL HA WK DR OLYMPIANLN M A C CRACKEN L N GRAY HAWK CT MOU N T AI N V I L L A GELN BEACH LN RAVEN CT S O A RINGCIR AXELL RD 0 250 500 Feet -Town of Estes ParkCommunity Development Printed: 12/22/2021 Created By: Jeff Woeber Project Name: Project Description: The Meadow Condominiumsat Wildfire Condominium MapFor Illustrative Purposes Only ATTACHMENT 2 Page 88 STATEMENT OF iNTENT Second Supplemental Map of the Meadows at Wildfire Condominiums Lot 1,Block 1,Wildfire Homes Subdivision Building H The property owner of the proposed Condominium Subdivision is:Wildfire Homes LLC,P0 Box 12,Glen Haven,CO 80532. This is the third Condominium Map (Second Supplemental)for the Meadows at Wildfire which is located on Lot 1,Block 1 of the Wildfire Subdivision.The Wildfire Subdivision is a Town approved subdivision and is recorded at Reception No.20200060501.The subdivision was recorded August 6,2020.This third Condominium Map is just for Building H and since it follows the original Condominium Map it is a supplemental map.Several more supplemental Condominium Maps will follow for Buildings A,B, C,D,G,and I.Future Condominium Maps may include more than one building. Lot 1,Block 1 has been annexed into the Town of Estes Park. The Annexation Map is recorded at Reception No.20200060498.This Condominium Development is consistent with the previously approved Development Plan.Each Condominium Building will have 8 Units meeting the Estes Valley Development Code definition for Workforce Housing Units Please accept this STATEMENT OF INTENT,the APPLICATION,and the CONDOMINIUM MAP,itself (4 Sheets).The DECLARATION OF THE MEADOWS AT WILDFIRE CONDOMINIUMS is referenced on and was recorded with the previously approved Condominium Maps for Buildings E &F. Thank you for your consideration of this submittal. flri[ COMMUNTTYIrVi or F ATTACHMENT 3 Page 89 ESTES PARK PLANNING DEPARTMENT ISubmittal Date:December 15,2022 APPLICATION C 8000 C) P re-App Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Boundary Line Adjustment ROW or Easement Vacation Street Name Change Time Rezoning Petition Annexation Request Extension nsL_r:Pl ,cjf,LJ, Condominium Map o Preliminary Map o Final Map ®Supplemental Map Project Name ‘Project Description ‘Project Address Legal Description ID # Second Supplemental Map of the Meadows at Wildfire Condominiums -Lot 1,BLock 1,Wildfire Homes Subdivision FinaL Condominium Map for Building H 1802 WiLdfire Road LOt 1,Block 1,WiLdfire Homes Subdivision 2520217001 Name of Primary Contact Person Mark Westover,WiLdfire Homes LLC Complete Mailing Address Primary Contact Person is L]Application fee Statement of intent E 2 copies (folded)of plat or plan E 11”X 17’reduced copy of plat or plan 00000 C0 j 5.2 Acres Multi Family Area of Disturbance in Acres Residential Condominiums MultiFamiLy Residential Condominiums 46%impervious for alL of Lot 1LotSize ____________________________ Existing Land Use Proposed Land Use Existing Water Service Town Proposed Water Service E Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service Xcel Existing Zoning RM Site Access (if not on public street) Are there wetlands on the site? El Well)Well El El El El fl None El Other (specify) El None El Other (specify) EPSD UTSD EPSD E UTSD Yes Other El Proposed Zoning WiLdfire Road (PubLic Street) El Septic fl Septic No None None RM I El Yes Site staking must be completed at the time application is submitted.Complete? ENo P0 Box 12,Glen Haven,CO 80532 E Yes El No P1 Owner El Applicant El Consultant/Engineer [3 Digital Copies of plats/plai planningestes.org Sign Purchase ($10) to Please review the Estes Park Development Code Appendix B for additional su may include ISO calculations,drainage report,traffic impact analysis, geologic hazard mit ‘wildfire hazard mitigation report,wetlands report,andlor other additional information. Town of Estes Pork .P0.Box 1200 ,.170 MacGregor Avenue .Estes Park,CO 80517 Communily Development Deportment Phone:(970l 577-3721 .Fax:(970)586-0249 .www.esles.org/CommunityDevelopment Revised 2020.04.23 ks ATTACHMENT 4 Page 90 Record Owner(s)Mark Westover,WiLdfire Homes LLC Mailing Address P0 Box 12,GLen Haven CO 80532 Phone 970-586-9342 Cell Phone 970-481-9821 Fax n/a Email Mark®westoverconstruction.com Applicant Same as owner Mailing Address Phone Cell Phone Fax Email ConsultantlEngineer Van Horn Engineering and Surveying Inc. Mailing Address 1043 Fish Creek Road Phone 970-586-9388 Cell Phone 970-443-3271 (Lonnie SheLdon) Fax n/a Email tonnie®vanhornengineeringcom fl Contact Information APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing.All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans,Special Reviews, Rezoning,Preliminary and Final Subdivision Plats,Minor Subdivision Plats if creating a new lot,and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed.This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. Names: I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Record Owner Signatures: PLEASE PRINT:;V /1,L K*O d L. Applicant PLEASE PRINT:/,t Record Owner Ai’iark Ith.thwr 7e:UJ4J1 4JJj7hZ Applicant (li/tA Jt 1diCt’iLb’U Date Date Revised 2020.04.23 ks Page 91 APPLICANT CERTIFICATION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. I In submitting the application materials and signing this application agreement,I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I I acknowledge that I have obtained or have access to the EPDC,and that!prior to filing this application,I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: http//www estes.orp/DevCode I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete,inaccurate,or submitted after the deadline date. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void.I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Dwner PLEASE PRINT:c&//tv4 44ir tA4Pijo L,-’.. Applicant PLEASE PRINT.3’JJ)J/14 ///ti tt,”t67&’efr Signatures:.-//// _ Record Owner 6 ___________ Date Applicant //‘i’-i / .d//A ._.zt Date PpvicRrl 9fl9fl flA 9 L’c Page 92 ATTACHMENT 5 Page 93 UP Page 94 DN UP Page 95 DN Page 96 Page 97 The Meadows at Wildfire Condominiums Second Supplemental Condominium Map Wildfire Homes, LLC (Owner/Applicant) A Supplemental Condominium Map is filed for each of the nine buildings in The Meadows project. This is a scaled, dimensioned drawing depicting the precise location of the building, as well as the layout and interior. Buildings F and E approved previously by Town Board. This is a request for review and approval of Building H. 1 Town of Estes Park Board of Trustees, January 24, 2023 Wildfire Subdivision Town of Estes Park Board of Trustees, January 24, 2023 Map of the Meadows at Wildfire Condominiums Supplemental Condominium Maps go only to Town Board. Staff finds the Supplemental Condominium Map complies with applicable Sections of the Estes Code. Referred for comment to review agencies. Public notice was provided per Estes Code requirements. There has been no opposition. Staff recommends approval. 4 Page 98 POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: David Hayes, Chief of Police Date: January 24, 2023 RE: Police Department Reorganization (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To consider a reorganization of the Police Department to ensure efficient delivery of quality police services to residents and visitors of the Estes Valley. Present Situation: The Police Department consists of the Police Chief, with two Captains and an Executive Assistant as direct reports. Each Captain then supervises either Operations, which includes Police Sergeants, Sworn Patrol Officers, and the Administrative Lieutenant or the Support Services which includes the Dispatch Center, Restorative Justice Program, Code Enforcement, and Records. As there is no specific designation for who is next in charge when the Police Chief is out of office, this can create some challenges for supervision and communication, both internally and externally. The Administrative Lieutenant position was created in 2019 and was added as a layer between the Sergeants and the Captains to provide administrative support without additional decision-making authority. The department has an ongoing need to interface with other agencies and liaison with groups at a higher level above the authority of the Administrative Lieutenant. The department wants to develop employees in their current roles and enable them to take the next step forward in the organization. The Administrative Lieutenant position doesn’t provide this type of professional development nor career path. An employee could make a step from a Sergeant to Captain without the step of Administrative Lieutenant. Proposal: Staff recommends authorizing the elimination of the Administrative Lieutenant position and utilizing those funds and the FTE to create a Deputy Police Chief position. A structure with a Deputy Chief would mirror other similar Police Departments such as Page 99 Louisville, Lafayette, and Erie. While not all departments have a Deputy Chief, it is rare that a department our size would have an Administrative Lieutenant. Additionally, the Deputy Chief position will help to ensure that specific administrative tasks are housed under one job description and have a designated responsible party. Some of these include: • General day-to-day oversight of the two Divisions, with the Captains also having a direct line of communication with the Police Chief for special projects they may be assigned and to provide direct input to the Chief on procedural matters. • Assist in the development of the Annual Budget • Liaison with the National Park Service (Rangers), Restorative Justice Board, Victim Advocate Services Board, and the Co-responder Program Board • Assist in the evaluation of the emergency management function • Assist in the development and monitoring of town-wide Measurable Outcomes for the Police Department • Development of career and promotion guide for department personnel providing clean guidance and professional development for all department personnel as well as those seeking promotional opportunities • Works directly with the Public Information Officer and other staff assigned to communications to facilitate public information and engagement for the Police Department. • Grant oversight • Special Projects as assigned The Deputy Chief will be a direct report of the Police Chief and have designated authority when the Police Chief is out of office. The Deputy Chief will be a direct supervisor of the two Captains (the proposed Organizational Structure); however, some specific tasks will be designated to come to the Chief directly (such as internal investigations). The Deputy Chief and Captains will all serve on the Chief’s Leadership Team/Command Staff, which will help facilitate communication and set the overall direction as well as establish the Department’s Mission-Essence, Vision and Values. Advantages: • This structure will allow staff to share functional knowledge and experience, which will help strengthen our bench strength as an organization as well as prepare individuals for career growth opportunities. Additionally, it is anticipated that the Captains will rotate supervision routinely, helping employees to gain knowledge in different functional areas. • Allow for a clear chain of command when the Police Chief is out of office. • Allow for additional efficiency, autonomy and direct communication – communication is encouraged. Allow Department to take on additional responsibilities and services, with direct responsibility in the Deputy Chief position. Page 100 Disadvantages: •There will be additional ongoing cost to the organization to hire a Deputy Police Chief versus an Administrative Lieutenant. Action Recommended: The Town Administration, Human Resources, and the Police Department recommend the reorganization and the creation of the Deputy Chief of Police position. Finance/Resource Impact: There are sufficient funds in the 2023 budget to absorb the cost of the proposed restructuring due to the expected duration of vacant positions in the department. The restructuring proposal has an estimated ongoing change in yearly expense of approximately $26,952 (depending on individual hiring placement in the pay plan and benefits elected). Level of Public Interest The level of public interest in considered low; however, the interest within the department is considered high. This reorganization has impacts to individual employees within the department and has ongoing impacts on the operations of the department. The change provides the same number of promotional opportunities and it allows the department to increase its overall bench strength in terms of being better prepared for the future. Motion: I move to approve/deny the Police Department Reorganization Attachments: 1.Current and proposed organizational charts. Page 101 Current Organizational Chart Police Chief Police Captain (Operations) Administrative Lieutenant Patrol Sergeants (4) Sworn Patrol Officers (13) School Resources Officer Community Services Officers (8) Sworn Patrol Officers (Detectives)(2) Code Enforcement Officer Police Captain (Support Services) Communications Center Manager Dispatchers (10) Restorative Justice Program Manager Restorative Justice Program Coordinator Records Technician III Records Technician I (Part-Time) Executive Assistant ATTACHMENT 1 Page 102 Proposed Organizational Chart Page 103 Page 104 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Greg Muhonen, Public Works Director Date: January 24, 2023 RE: Resolution X-23 Conditionally Approving a Construction Contract with Mountain Constructors, Inc. for the Construction of a Roundabout at the Intersection of US 36 and Community Drive (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Obtain conditional Town Board approval of the construction contract with Mountain Constructors, Inc. for the construction of the roundabout project at the US 36 and Community Drive intersection. Present Situation: The need for improvements at the intersection of US 36 and Community Drive was identified in the traffic study prepared in November 2009 for the Town's Events Center project. Because the new Events Center would result in increased traffic through the US 36 and Community Drive intersection, the Colorado Department of Transportation (CDOT) designated the Town as the responsible party to determine and construct the improvements. In 2014, CDOT agreed to allow the Town to defer construction of proposed turn lanes due to the 2013 flood recovery efforts underway at that time. Since then, this project has undergone several design changes, and in 2018 proposed a roundabout as the best solution. After receiving additional CDOT and Town funding in September of 2022, the Town released an Invitation to Bid and received one bid. COMPANY CITY TOTAL FEE Mountain Constructors, Inc Platteville, CO $2,987,737.38 Engineer’s Estimate $2,986,669.24 The bid received from Mountain Constructors indicated 8.5% of the contract work will be performed by Disadvantaged Business Enterprises. This is below the 10.5% goal set by CDOT in the contract documents. The contractor and CDOT are negotiating Page 105 resolution to this shortfall, and CDOT will not issue their Concurrent to Award this contract until this matter is resolved to the satisfaction of the CDOT Civil Rights staff. Positive resolution is expected by February 3, 2023. Proposal: Public Works staff propose conditionally approving the construction contract with Mountain Constructors in the amount of $2,987,737.38 so that construction may begin in February and be completed by mid-June, 2023. Construction management will be performed by Cornerstone Engineering & Surveying, Inc. This approval is contingent upon staff receipt of the Concurrence to Award from CDOT and the signed contract from Mountain Constructors, Inc prior to contract signature by the Mayor. Advantages: • Conditional approval authorizes construction to commence quickly without the delay associated with delaying Town Board action to the February 14, 2023 meeting. • Construction of this project will improve the safety for all traffic in this intersection, particularly for westbound left-turning motorists on US36. • Completion of the project will fulfill the 2009 CDOT requirements for the intersection improvement. Disadvantages: • Total construction costs are projected to exceed the current budgeted funding, resulting in the need to again appropriate additional funds to the project as described below. However, the current economic climate has resulted in substantial construction cost increases across the board, and additional unallocated funds are available to make the project whole. Also, it is uncertain that re-bidding the project at a later date would yield more favorable bids and could result in even higher costs, thus delaying and jeopardizing the project. • Traffic flow will be disrupted in the proposed work areas during construction. Action Recommended: Public Works staff recommend that the Town Board approve Resolution 06-23 to conditionally approve the US 36 and Community Drive roundabout construction contract with Mountain Constructors, Inc. in the amount of $2,987,737.38, and authorize Public Works staff to spend an additional amount up to $149,386.87 (5%) if needed to address unanticipated conditions encountered during construction. The maximum expenditure amount to the construction contractor is $3,137,124.25. Finance/Resource Impact: Budgeted funds exist to pay the contractor (including contingency), but are insufficient to also pay the Town’s Power & Communication staff to relocate the conflicting electrical facilities ($145,100) and provide landscaping materials for installation by the PW Parks staff ($35,000). A future budget appropriation in the amount of $180,100 will be needed to pay these internal costs for Town staff work on the project. These additional funds are available in the 2023 construction reserve budget line item. Page 106 The current funding for the full project (design and construction) is $3,359,070 and consists of: Federal funds: $1,460,000 Local funds: $1,349,070 State funds: $ 550,000 Level of Public Interest The level of public interest in this project has been moderate, and is expected to increase when the construction impacts are active. Sample Motion: I move for the approval/denial of Resolution 06-23. Attachments: 1. Resolution 06-23 Approving a Construction Contract with Mountain Constructors 2. Construction Contract – US 36 & Community Drive RAB Page 107 RESOLUTION 06-23 CONDITIONALLY APPROVING A CONSTRUCTION CONTRACT WITH MOUNTAIN CONSTRUCTORS, INC. FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF US 36 AND COMMUNITY DRIVE WHEREAS, the Town Board wishes to enter into the construction contract referenced in the title of this resolution for the purpose of intersection construction. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves and authorizes the Mayor to sign the construction contact referenced in the title of this resolution in substantially the form now before the Board, on the condition that the Colorado Department of Transportation first formally concur in the award of the contract, and further authorizes the Public Works staff to pay Mountain Constructors, Inc. up to a total amount of $3,137,124.25 if needed to address unanticipated conditions encountered during construction. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 108 CONSTRUCTION CONTRACT TOWN OF ESTES PARK US 36 & COMMUNITY DRIVE ROUNDABOUT FEDERAL HIGHWAY PROJECT NO. AQC M405-024 PROJECT CODE 23040 THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of Estes Park, Colorado (Town), a Colorado municipal corporation, and Mountain Constructors, Inc. (Contractor), a Colorado corporation whose address is PO Box 405, 622 Main Street, Platteville, Colorado 80651. In consideration of these mutual covenants and conditions, the Town and Contractor agree as follows: SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract Documents. CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents. In resolving inconsistencies among two or more of the Contract Documents, precedence will be given in the same order as enumerated. LIST OF CONTRACT DOCUMENTS. The Contract Documents, except for Modifications and Change Orders issued after execution of this Agreement, are: 1. Change Orders; 2. Construction Contract; The following addenda, if any: i. Number 1 Date 12/12/22 Page(s) 26 ii. Number 2 Date 12/14/22 Pages (s) 1 3. The following Special Conditions of the Contract: i. Document Project Special Provisions Title Colorado Department of Transportation, US 36 and Community Drive Roundabout, Project Special Provisions Page(s) 1-60 ii. Document Standard Special Provisions (as listed in the Project Special Provisions) 4. Town of Estes Park General Conditions; 5. The following Technical Specifications: i. Document CDOT Technical Specifications Title CDOT “2022” Standard Specifications for Road and Bridge Construction Division 100- 700 Page 109 TOWN OF ESTES PARK US 36 & COMMUNITY DRIVE ROUNDABOUT FEDERAL HIGHWAY PROJECT NO. AQC M405-024, PROJECT CODE 23040 Agreement for Construction Contract--Page 2 of 5 6. The following Drawings: i. Title Town of Estes Park, Construction Plans for Federal Aid Project NO. AQC M405-024, US Highway 36 & Community Drive Roundabout, Estes Park, Colorado, Project Code 23040 Date November 17, 2022 7. Notice to Proceed; 8. Notice of Award; 9. Invitation to Bid; 10. Bid Bond; 11. Bid Proposal; 12. Bid Schedule; 13. Instructions to Bidders; 14. Performance Bond and Payment Bond; 15. Insurance Certificates; 16. Bidder’s Qualifications and Data; 17. Subcontractors and Related Data; 18. CDOT Form 606 Anti Collision Affidavit; 19. CDOT Form 1413 Bidder List; 20. CDOT Form 1414 Anticipated DBE Goals; 21. Construction Progress Schedule; 22. FHWA Form 1273, Federal Bid and Contract Provisions; and 23. Any other documents listed as Contract Documents in the General Conditions. CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the completion of the Project according to the Contract, subject to change orders as approved in writing by the Town, under the guidelines in the General Conditions. The Town will pay the base sum of $2,987,737.38 DOLLARS (Contract Price), to the Contractor, subject to full and satisfactory performance of the terms and conditions of the Contract. The Town has appropriated sufficient money for this work. COMPLETION OF WORK. The Contractor must begin work covered by the Contract within 10 work days, of the Notice to Proceed and must complete work by June 16, 2023. LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within the time period described above, or within such other construction time if modified by a change order, the Town may permit the Contractor to proceed, and in such case, may deduct the sum of 4,300 (Per Section 108.09 of CDOT Standard Specification) for each calendar day that the Work shall remain uncompleted from monies due or that may become due the Contractor. This sum is not a penalty but is the cost of field and office engineering, inspecting, interest on financing and liquidated damages. The parties agree that, under all of the circumstances, the daily basis and the amount set for liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for delay. The Town expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of Estes Park incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as Page 110 TOWN OF ESTES PARK US 36 & COMMUNITY DRIVE ROUNDABOUT FEDERAL HIGHWAY PROJECT NO. AQC M405-024, PROJECT CODE 23040 Agreement for Construction Contract--Page 3 of 5 well as other terms are impossible to measure. SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail, postage prepaid, to the following address: TOWN OF ESTES PARK Public Works Department PO Box 1200 Estes Park, CO 80517 INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor obtains, at the Contractor's own expense, all required insurance as specified in the General Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form and amount. RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save harmless, and defend the Town, its officers and employees, from and in all suits, actions or claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the Town under the Contract; the Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so much of the money due the Contractor under the Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that the Contractor and the Town are adequately protected by public liability and property damage insurance. The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insureds, the Contractor agrees to pay for the cost of that defense. Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under the Contract. STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as an independent contractor and not as an agent or employee of the Town. No employee or official of the Town will supervise the Contractor nor will the Contractor exercise supervision over any employee or official of the Town. The Contractor shall not represent that it is an employee or agent of the Town in any capacity. The Contractor and its employees are not entitled to Town Workers' Compensation benefits and are obligated to pay federal and state income tax on money earned pursuant to the Contract. This is not an exclusive contract. Page 111 TOWN OF ESTES PARK US 36 & COMMUNITY DRIVE ROUNDABOUT FEDERAL HIGHWAY PROJECT NO. AQC M405-024, PROJECT CODE 23040 Agreement for Construction Contract--Page 4 of 5 THIRD PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give or allow any claim, benefit, or right of action by any third person not a party to the Contract. Any person except the Town or the Contractor receiving services or benefits under the Contract shall be only an incidental beneficiary. INTEGRATION. The Contract is an integration of the entire understanding of the parties with respect to the matters set forth in it, and supersedes prior negotiations, written or oral representations and agreements. DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless modified within a Contract Document. EXECUTED this day of , 2023. TOWN OF ESTES PARK Date By: Title: State of ) ss: County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2023. Witness my hand and official seal. My Commission Expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 112 TOWN OF ESTES PARK US 36 & COMMUNITY DRIVE ROUNDABOUT FEDERAL HIGHWAY PROJECT NO. AQC M405-024, PROJECT CODE 23040 Agreement for Construction Contract--Page 5 of 5 CONTRACTOR Date By: Title: State of ) ss: County of ) The foregoing instrument was acknowledged before me by , Name of party signing) as of Title of party signing) (Name of corporation) a corporation, on behalf of the corporation, this State of incorporation) day of , 3. Witness my hand and official Seal. My Commission expires . Notary Public Page 113       Page 114 TOWN ADMINISTRATOR OFFICE Report To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Deputy Town Administrator Date: January 24, 2023 RE: Estes Valley Housing Needs Assessment and Strategic Plan – Final Report Objective: Hear presentation and receive the Estes Valley Housing Needs Assessment and Strategic Plan Final Report from Root Policy Research. Present Situation: Root Policy Research was selected through a competitive process in 2022 to conduct a new housing needs assessment and develop a housing strategic plan for the Town. After several months of research, community engagement, and report drafting, they are prepared to deliver the Final Report. Proposal: Town staff proposes that the Town Board hear the presentation and receive the Estes Valley Housing Needs Assessment and Strategic Plan Final Report from Root Policy Research. Advantages: New information regarding the Estes Valley’s housing related needs and proposed strategies for how to address them will help inform and guide the Town Board’s future decision-making with respect to workforce and affordable housing. Disadvantages: None. Action Recommended: Staff recommends that the Town Board receive the Estes Valley Housing Needs Assessment and Strategic Plan Final Report from Root Policy Research. Finance/Resource Impact: N/A Level of Public Interest High Attachments: 1.LINK Estes Valley Housing Needs Assessment and Strategic Plan Final ReportPage 115 Root Policy Research 6741 E Colfax Ave, Denver, CO 80220 www.rootpolicy.com 970.880.1415 PREPARED FOR: PREPARED BY: Town of Estes Park Root Policy Research Estes Park Housing Authority OPS Strategies Williford, LLC CREATED: January 2023 Estes Valley Housing Needs Assessment & Strategic Plan ATTACHMENT 1 Table of Contents ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES i Housing Strategic Plan Introduction .......................................................................................................................... 1 Housing Vision, Goals, Objectives, and Values ................................................................ 2 Framework for Implementation ........................................................................................ 3 Priority Actions ..................................................................................................................... 4 Housing Needs Assessment I. Demographic Profile Key Findings ....................................................................................................................... I–2 Population .......................................................................................................................... I–2 Households ........................................................................................................................ I–6 Income and Poverty ......................................................................................................... I–8 II. Employment Profile Key Findings ...................................................................................................................... II–1 Jobs .................................................................................................................................... II–1 Employees ......................................................................................................................... II–7 III. Housing Profile and Affordability Analysis Key Findings ..................................................................................................................... III–1 Housing Stock .................................................................................................................. III–2 Rental Market .................................................................................................................. III–9 Ownership Market ........................................................................................................III–11 Income Restricted and Workforce Housing Inventory ............................................III–13 Affordability ...................................................................................................................III–14 Housing Need ................................................................................................................III–19 IV. Community Engagement Findings Community Engagement Elements .............................................................................. IV–1 Key Findings ..................................................................................................................... IV–2 Resident and In-Commuter Survey Respondents ...................................................... IV–4 Seasonal Worker Survey Respondents ..................................................................... IV–15 Second Homeowner Survey Respondents ............................................................... IV–18 Estes Valley Stakeholder Perspectives ...................................................................... IV–21 Appendix A: Update on 2016 Recommendations HOUSING STRATEGIC PLAN ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 1 Estes Valley Housing Strategic Plan Introduction The recommendations of this Action Plan were informed by the findings of the Housing Needs Assessment update (Sections I-IV of this document), local stakeholder guidance, and emerging best practices from other rural and resort communities in Colorado. Most housing challenged communities select a blend of tools and strategies from across these categories to address their housing needs:  Incentives;  Regulations;  Programs and local initiatives;  Housing preservation;  New housing development; and/or  Funding. The successful passage of recent lodging tax ballot initiative will bring an estimated $5million annually to support workforce housing and childcare. This important local funding source provides the resources that will enable new and more extensive housing solutions. Process. This Housing Action Plan builds upon the work of the Estes Park Housing Authority (EPHA), Town of Estes Park, Lodging Tax Exploration Committee, The Housing Needs Assessment, and the consultant team’s research and observations. It provides a starting place from which local decision makers can modify and apply strategies to address housing issues, creating clear roles and responsibilities for implementation. The Estes Park Housing Authority and Town of Estes Park should jointly solicit feedback from the community on an ongoing basis to refine the action plan as proposed based on real-time circumstances and opportunities, ensure that partner agencies are able and willing to participate in proposed roles, and that the plan is widely understood and generally supported in the community. The Housing Action Plan will likely need to be updated every 3-5 years, as tasks are completed and local conditions evolve. Relationship to other strategic documents. In the hierarchy of local policy documents, this Housing Action Plan is intended to reside below the Comprehensive Plan, which sets the big picture, long term vision for the community. This document takes guidance from the Comprehensive Plan, and makes it more specific and actionable. This document then in turn can be used to inform budgets and workplans for the Town of Estes Park and EPHA, specific to housing. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 2 Housing Vision, Goals, Objectives, and Values Vision. Working age households have stable, desirable housing in the Estes Valley, enabling them to support our local economy, provide essential services, and thrive as vital members of our community. Goals. Create and preserve 550 to 700 dwelling units affordable to the local workforce over the next five to seven years. Objectives:  Increase the preservation and creation of workforce housing, so that the Estes Valley begins to improve availability and affordability of housing to the workforce.  Match housing investments with areas of greatest need in the workforce community.  Create neighborhoods that are desirable, compatible and affordable for the long term. Values. The following core values emerged during the strategic planning process.  Collaboration. No single entity can solve the complex problem of our workforce housing shortage. A strong collaborative approach is needed between the two lead agencies and across the broader community. The EPHA and Town of Estes Park will use a collaborative framework to advance workforce housing solutions, engaging partners, residents, funders, and other key stakeholders as appropriate.  Equity and Inclusion. All efforts to develop and preserve housing that is affordable to the local workforce will be inclusive, and take particular care to support the populations most negatively impacted by rising housing costs. Each project and initiative that comes out of this strategic plan should proactively include and recruit members from the most vulnerable populations to ensure that housing is being built and marketed equitably.  Accountability and Stewardship. As stewards of taxpayer funds and the below market housing inventory, Town of Estes Park and EPHA will create transparent processes for allocating resources, prioritizing investments, ensuring fair access to the housing created, and managing the housing resources for the long term. The Estes Valley will bring the talent and resources of the local and regional community together to address the financial gap that is a barrier to housing our workforce. Use State and Federal resources strategically, when their requirements align with the local market and community need. Leverage the expertise of the public and private sectors, to manage risk and use limited resources efficiently. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 3 Framework for Implementation Roles and Responsibilities. Clear roles and responsibilities, within a collaborative framework, will help to create efficiency, transparency, and accountability. Recommended roles are described within each strategy, and a summary is provided here. Town of Estes Park Estes Park Housing Authority Oversight of local housing funding Development partnerships Land Use Policy, Land Use Review Process, Building Permits and Inspections Property management and Deed Restriction Compliance Code Enforcement Land and Property Acquisition; Affordable Development ADU Incentive Policy Deed Restriction Purchase Program Land Use Code Updates and Missing Middle Strategy Reinvestment in existing affordable housing inventory ADU Incentive Program Private sector and non-profit partners also bring knowledge, skills, and resources that are vital to the success of this housing strategy. Private sector partners are anticipated to be integral to design and construction of new housing. And non-profit partners are anticipated to be engaged in service provision, funding, and development (e.g., Habitat for Humanity). Market Indicators. The following market indicators can be helpful tools for understanding long-term trends and their impacts on the local workforce. We recommend that EPHA and the Town of Estes Park periodically check these indicators to understand the evolving challenges and opportunities in the community. Some goals and objectives are easy to quantify, such as number of workforce housing units created. Others may take more time and study, and can be updated less frequently. For example, several measures of success would be that 10 years from now the community has reversed key trend areas that have been losing ground the past two decades.  Homes Occupied Year-Round—currently 56% (see Section III, page 3).  Number of Unfilled Jobs—currently 737 (see Section II, page 6).  People commuting for work—currently 33% (see Section II, page 7).  The number of households paying more than 30% of their income—currently 58% for renters and 19% for owners (see Section III, page 15).  Rental Vacancy Rate—functional rental markets are typically 5-10%; current vacancy is approaching zero (see Section III, page 6).  Rental and Ownership Affordability Gaps—cumulative rental gap currently 241 units; cumulative purchase gap currently 34 percentage points (Section III pages 16 and 18). ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 4 Priority Actions This housing action plan is intended to set out the actions and strategies that will achieve the communities’ housing goals. Strategies are organized under preservation, new supply, funding and policy, community outreach and client support, and capacity building and can be applied to rental, owner, and seasonal workforce housing. Here is an at-a-glance summary of proposed strategies, leadership, and timing. Detailed descriptions of each strategy and action follow the table. The following chart creates a general outline of how the tasks of this action plan might be sequenced over the next five years. The specific sequencing can be refined through the annual work plan processes for the Town of Estes Park and EPHA. Strategies Summary and Timeline Strategy and Action Lead Year Agency 2023 2024 2025 2026 2027 Preservation 1 Property acquisition EPHA 2 Asset Plan Housing Authority Portfolio EPHA 3 Deed restriction buy down EPHA 4 Renovation, Rehab, Weatherization Energy Resource Ctr. New Supply 5 Current Project Success TOEP/EPHA 6 Partnerships EPHA 7 Land Acquisition EPHA 8 Employer Collaboration TBD 9 ADU incentives TOEP/EPHA 10 Fee Incentives TOEP Funding and Policy 11 Program Development for Local Sources TOEP 12 Leverage Outside Sources TOEP/EPHA 13 Development Code Updates TOEP Community Engagement and Client Support 14 Home Purchase Assistance EPHA 15 Rent Assistance EPHA 16 Equity and Inclusion TOEP/EPHA 17 Education, outreach, and housing hub TOEP/EPHA Organizational Capacity Building 18 Increase staff TOEP/EPHA 19 Systems development TOEP/EPHA ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 5 Preservation Strategies. For the overall community housing strategy to be successful, retaining and improving the current inventory of housing that supports the local workforce must go hand in hand with creating new opportunities. Four preservation strategies are recommended for the Estes Valley: property acquisition, deed restriction purchase, recapitalizing current affordable properties, and increasing weatherization and renovation of individual homes and apartments. 1. Existing Property Acquisition. Purchase existing structures to house the local workforce. Preserving housing resources that are currently occupied by the local workforce but might be at risk of converting to a different use should be a top priority. Some of these properties may be in need of significant maintenance and capital improvements, which can be addressed immediately or over time, depending on the situation. This strategy can be implemented by committing staff time to understanding what properties are on the market, and approaching owners of properties that may not be listed at this time. It also requires ability to move quickly through due diligence and have access to the necessary funding sources to close on a purchase. Lead Agency Estes Park Housing Authority Partner Agencies Town of Estes Park (funding) Local Funding Needed Varies, depending on acquisition opportunities; estimated to be 10-50% of acquisition price. Staff Time Needed about .25 FTE Five Year Goal 100 units preserved and enhanced 2. Review Housing Authority Portfolio and Recapitalize Existing Property. Estes Park Housing Authority currently has 209 rental units under management, most of which are over 20 years old. These are vital workforce and senior housing assets, some of which need to be considered for capital improvements and/or repositioning in the market. Lone Tree Village, which was built 23 years ago through the Low Income Housing Tax Credit (LIHTC) program, is particularly in need of capital improvement. Positioning the EPHA portfolio for long term sustainability will be a time and resource intensive process, and has the potential to pull EPHA staff away from other central strategies of this plan. For EPHA to serve as a primary implementor of this Housing Action Plan, staffing resources for the current portfolio and these new initiatives will be essential. Also consider adding new housing as part of recapitalization efforts, if sites have underutilized land within or adjacent. Lead Agency Estes Park Housing Authority Partner Agencies Town of Estes Park (funding), CHFA (funding), CDOH (funding), Renovation construction (private sector) Local Funding Needed Early estimate for recapitalization of Lone Tree Village estimated $6.2 million; it is likely a significant portion of this could be raised from sources outside the local community such as debt and tax credits. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 6 Staff Time Needed about 1 FTE, depending on the level of temporary resident relocation and how much work is done in house versus contracted out Five Year Goal Full asset management and capital needs assessments conducted on the EPHA portfolio, and at least 57 units preserved and enhanced 3. Deed Restrictions Incentive and/or Buy Down Program. Create an incentive program to encourage prospective local buyers of homes to place price-capped restrictions and/or workforce restrictions on their homes in exchange for cash. Some communities have also used this tool to preserve inventory that is currently owned or leased by local workforce in place (in other words, only the deed restriction is purchased, the property remains with the current owner). Vail InDeed in Vail, Housing Helps in Summit, and Good Deed in the Gunnison Valley are examples. Another variation of this tool is a “buy down,” where a public or non-profit entity purchases homes and resells them at a lower price with a deed restriction in place. A specific formula for limiting appreciation could create a balance between wealth building, housing stability, and being attainable in the long term for future workforce households. Eligibility could be based on local employment, and income and asset tests of the buyer. Lead Agency Estes Park Housing Authority Partner Agencies Town of Estes Park (funding), private property owners Local Funding Needed Estimated to be 15-20% the property value based on other communities' experience. Staff Time Needed about .5 FTE Five Year Goal 20-30 units preserved and enhanced 4. Renovation, Rehabilitation, and Weatherization. The housing inventory in the Estes Valley is old (over half of homes built before 1980). Escalating maintenance and utility costs can erode affordability, and put housing further out of reach for the local workforce. Investing in and enhancing the programs such as weatherization and revolving loans for health and safety improvements that support lower income renters and owners is another important housing preservation tactic. A deed restriction or an income qualification can help to preserve the public investment. Using local funding sources can make state and federal dollars go further, provide a higher level of improvement to the home, and/or serve a more diverse range of workforce households, extending support beyond federal eligibility standards (typically 200% of federal poverty). ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 7 Lead Agency Energy Resource Center, Northern Colorado Office Partner Agencies Town of Estes Park (funding), Colorado Division of Housing (funding), local utility providers Local Funding Needed Can range from $10,000-$80,000+ per home, depending on level of improvements needed Staff Time Needed TBD – depends on level of program enrichment. 1 FTE can typically support improvements to about 8-10 homes per year. Five Year Goal Goal for units preserved and enhanced to be determined through program development Increase Housing Supply. Housing production has not kept up with job growth in the region, with particularly severe impacts to working age households. The Needs Assessment establishes that more housing is needed across a wide range of price points, tenure, size, and type (duplex, triplex, apartments, small houses, etc.). Increasing the variety of housing choices will enable households across different life phases to thrive in the Estes Valley. This includes young singles and couples, mid-career households, households with children, multigenerational households, seasonal employees, and elders who have retired from the local workforce. Housing choices and ability to move within the local market are hallmarks of a healthy housing market, and will support attracting and retaining the diverse range of employees needed in the community. Strategies for creating additional supply include: 5. Ensure Success of Current Projects in the Development Pipeline. Three projects are in the development pipeline: Prospector, Fish Hatchery, and Habitat for Humanity. These projects face strong headwinds in light of high construction costs, labor shortages and rising interest rates. The development teams working on them have invested significant time and funding to get to where they are now, but their success is not yet assured. If successful, these projects will do much to support community housing needs. Lead Agency Estes Park Housing Authority and Town of Estes Park Partner Agencies Current project development teams Funding Needed One-time gap filling funds and/or support in the form of property tax exemption Staff Time Needed Minimal Five Year Goal Current projects are constructed and occupied by 2028 6. Public Private Partnerships for New Development. The Town of Estes Park and/or Estes Park Housing Authority can partner with developers from the private or non-profit sector to construct new workforce housing in the Estes Valley. Property owned by local government or institutional employers and local funding could be leveraged for this purpose. Other incentives could include support with extending water, sewer and streets, density bonuses, fee waivers associated with the ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 8 development review process, tap fee amortization, property management, and/or other subsidies. A goal of this strategy would be to have a well-planned development pipeline that would support bringing a new development online each year. A typical development takes several years from concept to construction completion. Lead Agency Estes Park Housing Authority and Town of Estes Park Partner Agencies Private sector developers, Habitat for Humanity, other non- profit developers Funding Needed Varies, depending on development opportunities Housing created Varies, depending on development opportunities, and ability to increase production over historic levels. The five-year goal would require 60-80 new units per year. Staff Time Needed 1 FTE to support up to three projects at a time Five Year Goal 300-400 units 7. Land Acquisition. Pursue use of existing government and institutionally owned land to support housing goals, and purchase of land where workforce housing could be developed in the future. Site control of developable land is one of the most critical strategies for addressing the housing challenge in the long term. By giving a public entity site control, this strategy can help do set the strategic direction for developable land, prioritize housing as a community use, ensure good community engagement and transparent public process are part of land use decisions, and (when the land is brought to the project at low or now cost) begin to fill the gap between project costs and what local workforce households can afford. Current sites that are already under consideration for housing include Town owned parcels at Dry Gulch and Stanley Circle, and EPHA owned land at Castle Ridge. Both entities should continue to pursue development feasibility analysis and planning for these sites, in the hopes that some or all of them could be shovel ready in three-five years. Non-profit and mission driven developers such as Habitat for Humanity need additional developable lots to continue their work in the community. Estes Park Housing Authority is in a good position to act as a buyer. Land could be held by EPHA or a subsidiary of EPHA such as an LLC or Community Land Trust. Additional strategies related to land acquisition include creating an inventory of institutional and government owned land, considering land swaps between entities, and coordinating closely between government agencies with regard to where and when various streets and utilities have the opportunity to be extended. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 9 Lead Agency Estes Park Housing Authority Partner Agencies Town of Estes Park Funding Needed TBD, depending on land costs and ability to leverage outside funding sources Staff Time Needed .25-.5 FTE Five Year Goal Proceed with development feasibility on three current parcels, and acquire at least three additional parcels for future housing needs. 8. Employer Housing Forum and Collaborative Effort Employers are already, of necessity, engaging in housing solutions in the community, purchasing properties and supporting employees as they search for housing. We recommend that the community increase and formalize employer engagement on housing solutions. This could take the form of an employer forum and implementation plan hosted and coordinated through the Town in close partnership the Economic Development Corporation and the Chamber of Commerce. Employers have resources that can make housing feasible: staff expertise, land, and access to funding. They also have acute needs for housing, and can benefit from dedicated housing resources for their employees. The employer forum could be an opportunity for employers to collaborate on specific sites and initiatives, and share best practices for master leasing and owning employee units. Two of the primary barriers to employers entering the employee housing arena are (1) cost and (2) reluctance to become overly involved in their employees’ lives as landlords. The Town could assist in mitigating costs, by making employers eligible for local funding or purchase of deed restricted units. The Housing Authority could mitigate landlord concerns by providing property management to employer owned or master leased homes and apartments. Lead agency Town of Estes Park Partner Agencies Estes Park Economic Development Corporation, Chamber of Commerce, EPHA, School District, County, local employers Funding Needed Approximately $20,000 for coordination role annually; employers could bring additional funding to secure housing for their employees as part of rental or purchase inventory Staff Time Needed Some time to coordinate and facilitate an employer forum and pursue the opportunities that emerge; same tasks may be employer or consultant driven, others could be supported by Town, EPHA or EPEDC. We recommend EPEDC as the convening group, with support from employers and government partners. Five Year Goal Establish numeric goal in program development to bring new employee housing units to market and have robust coordination among employers on resources and best practices. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 10 9. Incentives to Construct Accessory Dwelling Units (ADUs). The Town of Estes Park has done good work recently to allow accessory dwelling units in all zone districts. Because the cost of construction is currently prohibitive for many owners to add accessory dwelling units, the recent regulatory updates could be supported with a financial incentive program to help construction of ADUs make financial sense for homeowners. This incentive could be in the form of a direct subsidy, forgivable loan, or must-pay loan that is subordinate to the home mortgage. Such a program would provide an existing eligible property owner with cash or a low interest loan for the construction or conversion of an existing space to an ADU on the owner’s property. In exchange, the owner would lease the ADU to an eligible household. Short-term rentals are already disallowed in ADUs, which is a best practice for workforce housing. Limits could be placed on the amount of rent charged, and/or a local work requirement could be included, depending on how the agreement was structured. Other approaches that peer communities have explored for incentivizing ADUs include (1) providing pre-approved architectural drawings to limit design costs and make the building permit process more efficient, (2) working with offsite construction companies to create modular ADUs, and (3) working with interested homeowners to “bundle” eligible projects, so that a single contractor could create efficiencies by building several ADUs in the same neighborhood during the same building season. Lead Agency Town of Estes Park and Estes Park Housing Authority Partner Agencies Private owners, local contractors, local architect, Colorado modular factories Funding Needed: A first step will be to determine the financial gap that is prohibiting creation of ADUs, and what other tactics the community wants to deploy Staff Time Needed .25-.5 FTE Five Year Goal 50 units 10. Fee Incentives for Deed Restricted Housing. Town of Estes Park is in the process of updating fee structures, to help make all development of deed restricted housing more economically feasible by providing an incentive to cover the cost of land use, sewer, water, and building permit fees. The current staff recommendation that all deed restricted housing is eligible for this incentive, and that fees can be amortized over 10 years with support from Town is a strong signal of Town’s policy priority for workforce housing. To support the integrity of the fee enterprises, these costs will need to be covered by the Workforce Housing Fund. The strategy recommendation is to move forward with workforce housing fund updates and adoption of the revised recommendations in 2023. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 11 Lead Agency Town of Estes Park Partner Agencies n/a Funding Needed Will vary depending upon developer interest, cost to construct, type of units, and desired affordability for sale or rent. Many communities are experiencing the need to bring over $100,000/unit to achieve attainable prices for local workers. Staff Time Needed Less than .25 FTE for initial program creation and ongoing support; may be co-located with land use related tasks. Five Year Goal Unknown – will depend on market activity Funding and Policy. The Town of Estes Park will typically be the lead agency with regard to policy and funding initiatives. The following three strategies are recommended to commence in 2023. 11. Program Development for Local Dedicated Funding. In recent years, Estes Park has had limited local funding to invest in workforce housing. However, the recent successful ballot measure for 3.5% lodging tax increment means the community will have an estimated $5 million annually to invest in workforce housing and childcare. This substantial increase in local dedicated funding sets the stage for a new era of investment in some of the community’s most pressing issues. This funding is essential to many of the strategies in this document. Setting up predictable and transparent processes now for how the funding will be deployed will help to create effective processes going forward, building confidence for tax payers and implementation partners. Town staff are in the process of creating an operating plan for the new funding source, and amending the workforce and affordable housing guidelines to scale to these new opportunities. As this work continues, considerations should include:  How often and how much funding will be available in a competitive format for local housing projects and programs? What are the criteria to be eligible for local housing funds (incomes served, percentage of deed restricted units, etc.)?  Who will make decisions regarding funding priorities and amounts? An approach that includes decision-makers from the Town and Housing Authority with input from local stakeholders and community members may be helpful.  What funding is set aside for EPHA on an annual basis, and what agreements are needed to ensure funds are used as intended while still giving EPHA enough autonomy to move quickly and adapt to changing market conditions? Can a block of funds be provided that allows EPHA to act quickly, without returning to Town Board for specific approval, provided the use of funds aligns with Town policy? Town’s current procurement threshold is $100,000, which is quite limited in the realm of real estate transactions, partnerships, and land acquisitions. The ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 12 consultant team recommends setting higher limits, with clear guidelines and accountability.  How does the funding process and program oversight integrate into existing financial systems and protocols at the Town, such as annual budget process, audit, and day to day bookkeeping? Town leadership should conduct program development to move forward with clear intention, structure, and accountability with the new dedicated funding for housing. Lead Agency Town of Estes Park Partner Agencies Estes Park Housing Authority Funding Needed staff time only Staff Time Needed .25 FTE to support administration of the housing fund; additional support from Town leadership for review and decision of funding requests Five Year Goal Reliable, transparent, and predictable funding approach in place; strong taxpayer confidence and perception of fairness in how are invested 12. Use Local Funds to Leverage Investments from Outside the Community. We are in a time of abundance in funding for housing in Colorado. Estes Park has the opportunity to draw in resources from outside sources including the state, federal government, and philanthropy to support the community’s housing goals. These funding sources can be used strategically to preserve local funding for where it is most needed. Close coordination between Town of Estes Park and EPHA will ensure that funding opportunities are coordinated, and the most appropriate entity takes the lead. Lead Agency Town of Estes Park and EPHA, depending on the nature of the funding and project specifics Partner Agencies Colorado Division of Housing and Dept of Local Affairs, Colorado Office of Economic Development and International Trade, Colorado Housing and Finance Authority, banks, Community Development Financial Institutions, foundations Funding Needed Local match or leverage amount will vary Staff Time Needed This duty could be included within the job description of Town of Estes Park Housing Manager, and one staff member at EPHA (likely a Development Project Manager, Deputy Director, or Executive Director) Five Year Goal Estes Park has attracted new LIHTC allocations, and significant investments from state, federal, and philanthropic agencies to support housing goals. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 13 13. Development Code Updates. Town of Estes Park is in the process of adopting a new Comprehensive Plan, Estes Forward, that provides an action-oriented road map for the valley for the next 10-20 years, including a framework for the built environment and housing (in addition to other policy areas).1 To align with the Comp Plan and achieve the goals of this Housing Strategy, the community needs more land that is zoned appropriately. The Town is embarking on a land use code to create better alignment with the Comp Plan goals. The ways in which code supports or detracts from housing affordability should be considered at each step in this process. For example, more land that is zoned to accommodate “missing middle” forms of housing such as duplexes, triplexes, small cottages, shared living, townhouses, and attached housing with 4-16 residences in a building. Opportunities for using land more efficiently, and doing compact, higher intensity residential development are imperative for meeting the Estes Valley long-term housing needs and preventing rural sprawl. Having these zoning options in place will align with the community vision and make attainable housing more feasible, both for rent and for sale. A missing middle strategy that honors the community character and historic development patterns could be created, for example allowing duplexes, triplexes and cabin clusters in some areas, and higher intensity multi-family in others. This strategy should look at solutions that are informed by the history and context of the community, so the community can achieve density that is efficient and in scale with nearby uses. Town of Estes Park should embark on a missing middle code update as soon as possible. Vacation rentals have been studied extensively in the Town of Estes Park. The consultant team supports continuing to cap vacation rental licenses, disallow them in ADUs and deed restricted housing. Lead Agency Town of Estes Park Partner Agencies Community stakeholders TBD Staff Time Needed Task of current Community Development staff, with outside consultant Funding Needed Approximately $50,000 for consultant; staff time will be needed too, and may be extensive, depending on outreach strategies Five Year Goal Complete a missing middle code update by 2024 1 https://estespark.colorado.gov/comprehensiveplan ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 14 Community Engagement and Client Support. Four strategies are recommended to support local workforce in a direct, immediate way, and one strategy is offered as a long-term investment community engagement and understanding of housing efforts. While these investments do not contribute to the long-term inventory of workforce housing, they can provide vital assistance in near term, helping to bridge the gap between the current housing crunch and strategies that take years to implement. 14. Home Purchase Assistance. As interest rates rise, household’s purchasing power is being eroded. Downpayment assistance, assistance with closing costs, and access to competitive (or below market) interest rate loans is increasingly important. Existing down payment assistance programs offered through EPHA and Larimer County could be bolstered and better funded. Interest rate buy-down programs are another option for home purchase assistance and typically provide discounted interest rates for the first year or two of ownership for qualified buyers. In addition to down payment assistance, a “cash-buyer” program could be created that supports buyers in the local workforce who desire to participate in the real estate market but have difficulty competing with cash buyers who are typically more agile, can offer a higher purchase price, and can close more quickly because there is no financing contingency. This program would allow a public entity to act as a cash buyer on behalf of an eligible household or in its own interest to acquire a property, which would then be resold to the eligible (conventionally financed) household, repaying the cash outlay made by the public entity. In exchange, a deed restriction would be placed on the property to preserve the investment for workforce households in the long term. This strategy is closely linked with a Deed Restriction Buy-down, described in the Preservation section, and the two strategies should be developed and administered in parallel. Lead Agency Estes Park Housing Authority Partner Agencies Town of Estes Park Staff Time Needed .5 FTE, or more, depending on scale of the program Annual Funding Needed $400,000 - $1,200,000 Five Year Goal Support 5-10 transactions per year 15. Rental Assistance. Create a fund for rental/lease assistance for members of the local workforce who sign a new 12-month lease in the Estes Valley based on predetermined eligibility criteria. Assistance could be provided throughout the term of a lease or at the outset, which would increase the viability of obtaining a local long-term rental by assisting with up-front costs. Another approach to providing rental assistance could be to “buy down” rents (for qualified renters) through direct subsidies to landlords. A deed- or income-restriction may be appropriate for program participation. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 15 Winter Park’s Short Term Fix program provides an example of matching employers and employees with willing owners of previously vacant or short term rented homes and incentivizing long term leases. Lead Agency Estes Park Housing Authority Partner Agencies Town of Estes Park Staff Time Needed .25 FTE, or more, depending on scale of the program Annual Funding Needed $100,000-$200,000 Five Year Goal Support 10-20 rentals annually 16. Equity and Inclusion. Keep support for Hispanic community and other groups disproportionately impacted by residential displacement and affordability challenges at the forefront of each housing effort. These households are experiencing long-term stress, reduced health outcomes, and negative impacts across all life indicators related to lack of access to stable housing. Correcting these inequities not only supports the households impacted but strengthens the overall community and economy. Key strategies to promoting equity in housing include:  Make zoning and land use decisions in a way that supports local workforce and minimizes residential displacement of permanent residents.  Ensure that new housing prioritizes people within the community who may be displaced by redevelopment or rising costs.  Invite and educate diverse populations on new initiatives, developments, and other engagement events. Listen and incorporate the feedback provided from these groups.  Ensure that all materials and information is available in English and Spanish, and that inclusive language is being used.  Seek opportunities to make housing accessible to households where members have documentation challenges. This can include how eligibility is defined for rental housing and advocating for alternative mortgage finance solutions on for- sale housing. Some below market housing has requirements for lawful presence tied to the way it was funded. Be strategic in the using housing inventory and unrestricted funds to create opportunities for households where some members may not be documented. These households are often long-time, vital contributors to the local economy, and have faced some of the greatest housing instability including frequent moves, poor quality, overcrowding, and rapidly rising rents.  Make housing investments in coordination with transportation, childcare, and other community infrastructure that positively impacts cost of living and households’ ability to thrive. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 16 Lead Agency Town of Estes Park and EPHA should take joint responsibility Partner Agencies Resident advocacy groups, local non-profits, County Human Services Funding Needed TBD Staff Time Needed Staff time will vary depending on the initiative. Five Year Goal Diversity and inclusion has increased within the leadership of housing efforts, community engagement processes, and in the households receiving rental and homeownership support through the initiatives of this plan 17. Community Engagement, Education, and Outreach Hub. A common refrain in high cost, mountain communities is “nobody is doing anything on housing” when in fact, many efforts are underway. We recommend that Estes Park be proactive in sharing success stories, progress, and project updates, and creating touch points for members of the community to stay informed, engaged, and provide feedback. Housing is a complex topic, and growing community engagement and increasing the diversity of people who understand the issues and strategies will strengthen the community’s ability to be successful over time. A basic first step is a “one stop shop” website with housing resources and information for people seeking housing and interested in understanding current programs and opportunities, and an online portal for housing applications. Valley Home Store in Eagle County has a strong example of an online portal for applications. Other community engagement and outreach efforts include open houses, working groups and advisory boards, design workshops, engagement with school age children, listening tours and presentations to civic groups. These actions don’t have to happen immediately but should be woven into the development and feedback loop for all projects and programs proposed in this action plan. Lead Agency Town of Estes Park and EPHA for their respective projects and initiatives, and in close coordination with each other Partner Agencies TBD Funding Needed TBD Staff Time Needed .25. Tasks such as a one stop shop website would have a single point of contact. Other tasks could be led by staff members responsible for specific programs or initiatives. Some communities, such as Leadville, have a dedicated staff person in this role. Five Year Goal Up to date and user friendly “one stop shop” is operational ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 17 Organizational Capacity Building. This housing action plan and the new funding provided through the lodging tax increment represent a tremendous opportunity and set ambitious goals for improving Estes Park’s community and economy through new housing. For the community to move from status quo to proactively addressing housing needs and gaps, a significant increase in staff capacity and organizational systems will be needed. 18. Increase Staffing at Town and EPHA. Current strengths for Town of Estes Park are its land use and planning team, transparent governance, and strong executive leadership. To implement the housing initiatives of this action plan, a full-time staff person dedicated to workforce and affordable housing is needed. The primary tasks for this position would include managing the program development and allocation of local funding sources, applying for and managing grants and loans from outside funders, acting as a collaborative partner and liaison to the housing authority, and supporting the land use team on incentives for below market housing and missing middle housing strategy. Similarly, EPHA has strengths in the areas of Board expertise, property management, and a recent internal promotion of a knowledgeable and experienced Executive Director. To implement this housing action plan, EPHA will need to add at least two staff positions. The consultant team recommends funding and hiring a real estate development director position and an asset and eligibility manager position. Some of the programs and responsibilities of this plan could be housed with either position, depending on the qualifications and capacity of the candidates, but an initial recommendation is depicted here. EPHA should ensure that someone on staff has a real estate brokers license, to support managing deed restricted purchase and sale transactions. This could be the Asset and Eligibility Manager position, or other. Over the next five years, as programs, projects, and resources grow, additional staff in supporting roles may also be needed. Lead Agency Town of Estes Park and EPHA for their respective hires Partner Agencies TBD Funding Needed $320,000 - $400,000 Staff Time Needed Creating job descriptions, requisitions, and conducting the hiring process can be covered by current Town and HA staff. Both agencies should act in an advisory role on the hiring for the other agency’s staff, as these staff members will need to work very closely together and have complimentary skills. Goal Hire at least three staff members in 2023 19. Systems Development. Taking the time to put good systems in place now will help ease management and increase public confidence going forward. Program development for the dedicated funding is covered above. Other important areas of ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 18 systems development are a good database for property management, a comprehensive, centralized system for deed restriction tracking and compliance. Lead Agency Town of Estes Park and EPHA for their respective system areas Partner Agencies TBD Funding Needed TBD Staff Time Needed Will vary over time, assign within duties of recommended new hires and current leadership Five Year Goal Tracking and compliance systems are in place, creating confidence in the stewardship of local funding and fair access to the housing resources created. Systems are robust and able to withstand changes in staffing and political leadership. HOUSING NEEDS ASSESSMENT SECTION I. DEMOGRAPHIC PROFILE ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 1 SECTION I. Demographic Profile This section provides an overview of the Estes Valley demographic environment to set the context for the housing needs assessment and strategic plan. The section includes discussion of population, households, and income trends. This report focuses on the Estes Valley and Town of Estes Park. Wherever possible, data for the Estes Park School District is used to represent the Estes Valley. For context, some Estes Valley trends are compared to those from the surrounding Poudre (Ft. Collins), St. Vrain Valley (Longmont), and Thompson (Loveland) school districts where the bulk of the commuters into the Estes Valley live. The Estes Park School District is also the geographic area that has been used in past housing needs assessments. Figure I-1. Geographic Area of Analysis Source: Root Policy Research. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 2 Key findings  The population of the Estes Valley was about the same in 2020 as it was in 2010, but the Valley was not without change. According to the population estimates from the Colorado State Demography Office, the population in the Town of Estes Park grew from 5,865 in 2010 to 6,777 in 2016; but then fell back to 5,886 in 2020. The pandemic years since the 2020 Census have been dynamic and the long-term impact has yet to settle out. However, the most recent available data, such as school district enrollment, supports the trends identified by the Census and indicates that the Census still provides a strong foundation for understanding the needs of the community.  While the overall population did not change much from 2010 to 2020, there was a significant shift toward an older demographic. The portion of the population age 65 or older grew from 25% in 2010 to 31% in 2020. At the same time, the portion of the population age 17 or younger shrunk from 15% to 11%.  Only about 13% of Estes Valley households have children under the age of 18— substantially lower than the broader region and other communities in Larimer County. Meanwhile 45% of Estes Valley households are married couples without children living in the household and another 32% are single person households.  Households with children tend to be lower income ($35,000-$50,000) or higher income ($100,000 or more) with few households in the very low- or middle-income ranges. Population The Estes population was about the same in 2020 as it was in 2010. However, estimated population has not been flat. The community experienced relatively rapid growth from 2010 to 2016 followed by a mirrored decline from 2016 to 2020. At the peak of the mid-decade growth, the Town of Estes Park had grown 16% in 6 years from 5,865 in 2010 to 6,777 in 2016. By 2020, the population had returned to 5,886 – essentially where it was in 2010. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 3 Figure I-2. Population, Estes Valley, 2000-2030 Source: Colorado DOLA State Demography Office, ACS 5-year estimates, and OPS Strategies. The Town of Estes accounts for about half of the Estes Valley population. Long-term growth trends project that the Estes Valley will have a population of about 12,600 in 2030, up from about 11,900 in 2020. For context, while the Estes Valley grew 2% from 2010 to 2020, the Estes Valley’s neighbors all grew at a rate of about 2% per year over the past decade. Figure I-3. Population and Population Change by Jurisdiction, 2010- 2020 Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: 2010 and 2020 Census. Age. The Estes Valley has one of the oldest populations in the state. Over 30% of the residents of the Estes Valley and over 40% of the residents of the Town of Estes Park are age 65 or older. At the same time, less than 3% of the Estes Valley population is under the age of 5 and only 8% of the population is school aged. The share of the population aged 18- 34 years is also well below state and regional proportions. That the Estes Valley School District as a whole has more children and fewer residents age 65 and older indicates that families are more likely to live in the unincorporated areas of the Estes Valley than in Town. Jurisdication 2010 2020 % Change Estes Valley 11,493 11,761 2.3% Town of Estes Park 5,858 5,904 0.8% Share of Valley 51% 50% -0.8% Fort Collins 184,648 221,002 20% Longmont 151,981 191,402 26% Loveland 104,236 127,220 22% Larimer County 299,630 359,066 20% ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 4 Figure I-4. Age Distribution by Jurisdiction, 2020. Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts Source: 2020 ACS 5-year estimates. Not only is the 65 and older cohort especially large, it is also growing especially fast. Meanwhile the number of children is shrinking. The 15% decrease in the estimated population age 5 to 17 years is corroborated by the 12% decrease in school district enrollment seen over the past 10 years. Figure I-5 indicates that while the overall population is about the same as it was in 2010 there has been a significant shift within the population toward an older demographic. Figure I-5. Age Trends, Estes Valley, 2010 and 2020. Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts Source: 2010 Census, 2020 ACS 5-year estimate, OPS Strategies. Race and Ethnicity. The Estes Valley population is 84% non-Hispanic white. Another 10% of the population is Hispanic. The Town of Estes Park has a greater proportion of Hispanic population (15%) than the unincorporated areas of the Estes Valley (5%). Age Cohort Number Number Under 5 years 462 4% 385 3% -17% 5 to 17 years 1,311 11% 1,116 8% -15% 18 to 34 years 1,637 14% 1,990 15% 22% 35 to 64 years 5,226 45% 5,854 43% 12% 65 years and older 2,857 25% 4,255 31% 49% 2010 2020 % Change 2010-2020Percent Percent ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 5 Figure I-6. Distribution of Race/Ethnicity by Jurisdiction, 2020. Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts Source: Census. While the Town of Estes Park has racial/ethnic diversity consistent with the region, the unincorporated areas of the Estes Valley are disproportionately non-Hispanic white compared to the region as a whole. Education Attainment. Over half of the residents of the Estes Valley have at least a bachelor’s degree. This level of education attainment is similar to that of the college town of Fort Collins and significantly greater than the other neighboring communities. Figure I-7. Distribution of Educational Attainment by Jurisdiction, 2020. Note: For population 25 years and older. Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts Source: 2020 ACS 5-year estimates. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 6 Households In 2020 there were 5,359 households in the Estes Valley, of which 2,791 lived in the Town of Estes Park. Household Composition. The most common household type in the Estes Valley is a married couple without children, which accounts for 45% of households. The next most common household type is a person living alone, which accounts for another 32% of households. Households with children account for 13% of households. Figure I-8. Household Type, Estes Valley, 2010 and 2020. Note: 2020 household numbers are a function of ACS percentages applied to Census household count Source: 2010 and 2020 Census, 2020 ACS 5-year estimates, OPS Strategies. Consistent with the demographic trends, the significant shifts in household type from 2010 to 2020 are a decrease in the share of households with children and an increase in the share of households that are single person age 65 or older living alone. However, these shifts are slight and the overall household type distribution has not changed significantly in the past ten years. Number Number Total households 5,365 5,359 Married Couples 3,031 56% 2,999 56% With children under 18 708 13% 579 11% Without children under 18 2,323 43% 2,420 45% Male householder, no spouse 127 2% 163 3% With children under 18 72 1% 31 1% Without children under 18 55 1% 132 2% Female householder, no spouse 245 5% 187 3% With children under 18 136 3% 99 2% Without children under 18 109 2% 89 2% Non-family households 1,962 37% 2,009 37% Householder living alone less than 65 992 18% 911 17% Householder living alone 65 and over 693 13% 782 15% Other non-family households 277 5% 316 6% 2010 2020 % Total Households % Total Households ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 7 Figure I-9. Household Composition, by Jurisdiction, 2020. Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts Source: 2020 ACS 5-year estimates. Compared to the region, the small proportion of married couples with children and large proportion of single person households in the Estes Valley jump off of the page. Especially within the Town of Estes Park there is a very small percentage of units occupied by families. While 32% of Estes Valley households are a person living alone (36% in the Town of Estes Park), the regional average is only 24%. Household Size. The household composition of the Estes Valley results in a small household size—2.0 people per household on average. The average household size in the Town of Estes Park is slightly smaller than it is in unincorporated Estes Valley, and Estes Valley households are smaller than the region as a whole because of the greater number of one and two person households in the Estes Valley. Figure I-10. Household Size, by Jurisdiction and Tenure, 2020 Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: 2020 ACS 5-year estimates. Owner households are slightly larger than renter households in the Estes Valley and the region. The average household size in the Estes Valley has changed very little since 2010. Jurisdication Estes Valley 2.0 2.1 1.9 Town of Estes Park 1.9 2.0 1.7 Fort Collins 2.6 2.7 2.4 Longmont 2.8 2.8 2.6 Loveland 2.6 2.7 2.4 Renter Households Tenure Overall Owner Households ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 8 Income and Poverty This section examines household and family income in the Estes Valley, as well as the prevalence of poverty among area residents. Household income. As shown in Figure I-11, the median household income in the Estes Valley grew 27%, or about $15,600 from 2010 to 2020. This growth was more rapid in the last half of the decade than the first. However, income grew more for owners than renters and more for residents of unincorporated Estes Valley than the Town of Estes Park. Figure I-11. Median Household Income, by Jurisdiction and Tenure, 2010-2020. Note: Nominal dollars. Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: 2010 and 2020 ACS 5- year estimates, OPS Strategies. The median income of Estes Valley owners grew $23,300 from 2010 to 2020 compared to an increase of just $664 for Estes Valley renters. Median income for renters in the Town of Estes Park grew more than for the renters in unincorporated Estes Valley, but overall Town of Estes Park incomes grew only $2,150 compared to $15,600 for the Estes Valley as a whole. The difference in median income between the Town of Estes Park and the rest of the Estes Valley appears to have occurred in the past five years. While median incomes in the Estes Jurisdiction 2010 2020 Overall Estes Valley $58,522 $74,119 $15,597 27% Town of Estes Park $52,778 $54,925 $2,147 4% Fort Collins $52,791 $73,881 $21,090 40% Longmont $67,271 $90,307 $23,036 34% Loveland $61,212 $80,688 $19,476 32% Owners Estes Valley $68,750 $92,050 $23,300 34% Town of Estes Park $69,866 $82,222 $12,356 18% Fort Collins $75,032 $97,972 $22,940 31% Longmont $82,071 $105,651 $23,580 29% Loveland $73,473 $91,217 $17,744 24% Renters Estes Valley $32,476 $33,140 $664 2% Town of Estes Park $27,350 $30,766 $3,416 12% Fort Collins $28,731 $44,386 $15,655 54% Longmont $37,065 $55,428 $18,363 50% Loveland $35,157 $50,957 $15,800 45% Growth Number Percent ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 9 Valley and region were growing rapidly from 2015 to 2020, incomes in the Town of Estes Park remained at the same levels they have been since 2010. Income distribution. Figure I-12 shows the income thresholds typically used to evaluate income qualifications for various housing programs, based on the Larimer County area median income (AMI). AMI is defined annually by HUD market studies. The figure provides AMI ranges for a 4-person household and the housing types that typically serve the households in the AMI range. Figure I-12. Income Thresholds and Target Housing Note: MFI = HUD Median Family Income, 2-person household. Source: OPS Strategies and HUD income limits. The income limits for HUD programming are calculated for Larimer County and therefore driven by Fort Collins data. Still, the HUD data remains useful in the Estes Valley because the income distribution of the Estes Valley is quite like that of Fort Collins. Longmont is the outlier in the region with the highest median income in the region, and also the fewest households in the lower income ranges. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 10 Figure I-13. Income Distribution by Jurisdiction, 2020. Source: 2020 ACS 5-year estimates, OPS Strategies While the income limits for HUD programming is calculated based on a family of four, not all households are families of four. As discussed above, 37% of Estes Valley households are not families, and the average size of an Estes Valley household is only 2.0 people. Figure I- 13 shows the distribution of income by household type. Figure I-14. Income Distribution by Household Composition, Estes Valley, 2020. Source: 2020 ACS 5-year estimates, OPS Strategies The lowest income households tend to be those without children; there are no families with children in either of the two lowest income ranges representing “extremely low” and ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 11 “very low” income. Families with children (which account for less than 20% of Estes Valley households) tend to fall in either the $35,000-$50,000 “low income” range or the higher income ranges above 120% AMI. The majority (56%) of lower income households are nonfamily households. We know that about 85% of nonfamily households are single occupant households, which explains the lower incomes. Married couples with no children are the household type with the greatest proportion of middle income households and they make up 64% of all middle income households. Married couples with no children also make up 55% of higher income households. Poverty. According to 2020 ACS data, 7.5% of the Estes Valley population lives below poverty level.1 1 Poverty lines vary by size of household. For 2020 the poverty line is $12,760 for a 1-person household, $17,240 for a 2- person household, $21,720 for a 3-person household, and $26,200 for a 4-person household. HOUSING NEEDS ASSESSMENT SECTION II. EMPLOYMENT PROFILE ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 1 SECTION II. Employment Profile This section describes the economic conditions of the Estes Valley, through the lens of jobs and workers. This analysis provides additional context for the housing needs of workers in the Valley. Key findings  Unlike population growth, job growth in the Estes Valley has kept up with job growth in the larger region. Jobs grew at 2.1% annually from 2015-2019 are projected to resume a 1.4% annual growth rate post-pandemic.  The three lowest paying sectors of the economy (accommodation and food service; arts, entertainment, and recreation; and retail sales), which are all tourism driven industries, account for 54% of jobs in the Estes Valley. By contrast, the three highest paying sectors account for just 6% of jobs.  51% of annual taxable sales occur in just 4 months—June through September. Sales are growing faster in the off months than the peak months but in the summer only about half of jobs are year-round jobs. Jobs There were about 7,940 jobs in the Estes Valley in 2021,1 a 370 job increase over the 7,570 job projection calculated for the 2016 Housing Needs Assessment. From 2015 to 2019, jobs in the Estes Valley grew at about 2.1% annually, which was at the low end of the 1.9%-3.2% job growth rate projected in the 2016 Housing Needs Assessment. The COVID-19 pandemic interrupted that growth but jobs rebounded to nearly 2019 levels in 2021. Figure II-1 shows job trends in Estes Park and the Estes Valley from 2010 to 2021 along with projections through 2030. 1 Jobs were estimated by looking at a combination of the US Census Bureau’s Longitudinal Employer-Household Dynamics (LEHD) and the US Bureau of Economic Analysis (BEA) ratio of proprietors. The LEHD count of all jobs in the Estes Valley was divided by 0.88 which is a typical LEHD adjustment needed in communities with seasonal service economies and then divided by 0.73 which is the portion of the Larimer County job count attributable to non- proprietors. This estimate approximates the estimate in the 2016 Housing Needs Assessment that was based on zip code level Bureau of Labor Statistics data that was not available. To estimate the 2020 and 2021 job counts, Rocky Mountain National Park visitation trends were applied to the 2019 jobs estimate. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 2 Figure II-1. Jobs, Estes Valley, 2010-2030 Source: LEHD, QCEW, BEA, Rocky Mountain National Park, Colorado DOLA State Demography Office, OPS Strategies. The job growth that occurred from 2010 to 2019 happened primarily in the Town of Estes Park. In the unincorporated Estes Valley job counts were about the same in 2019 as they were in 2010. As a result, about 71% of jobs in the Estes Valley are in the Town of Estes Park. Figure II-2. Job Growth, by Jurisdiction, 2015-2019 Note: Projected 1.4% growth rate is applied to 2019 job estimate to adjust for pandemic effects. Source: LEHD, QCEW, BEA, OPS Strategies The Colorado State Demography Office projects 1.4% job growth for Larimer County. That level of growth would result in about 9,720 jobs in the Estes Valley in 2030 – an increase of about 1,790 jobs over what is currently estimated to exist. Unlike population growth, job growth in the Estes Valley has kept up with job growth in the larger region. The Estes Valley’s visitor-based economy is accessible to the entire region and therefore its economic growth is somewhat independent from local population and housing growth. Annual Growth Rate Jurisdication 2015 2019 2030 2015-2019 Estes Valley 7,701 8,359 9,723 2.1% 1.4% Town of Estes Park 5,266 5,962 6,935 3.2% Larimer County 189,894 213,271 248,062 2.9% 1.4% 2019-2030 ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 3 Wages and Jobs by Sector. Over 35% of Estes Valley jobs are in accommodations and food service—the lowest paying sector in Larimer County in 2021. In addition, 8% of jobs are in arts, entertainment, and recreation—the second lowest paying sector; and 11% of jobs are in retail—the third lowest paying sector in Larimer County. Combined, the three lowest paying sectors of the economy, which are all tourism driven industries, account for 54% of jobs in the Estes Valley. The three highest paying sectors—management of companies, professional services, and finance and insurance—account for just 6% of jobs. Figure II-3. Job Distribution and Wages, by Sector, Estes Valley, 2010-2030 Note: Only industries with over a 1% job share in the Estes Valley are shown. Wages by industry are for Larimer County. Source: LEHD, QCEW, BEA, OPS Strategies. By comparison, accommodations and food service account for just 10% of jobs in the Fort Collins area, 9% in Longmont, and 11% in Loveland. Similarly, arts, entertainment, and recreation account for 2%, 1%, and 2% of jobs respectively in the neighboring areas. The high concentration of jobs in the lowest paying sectors is a common characteristic of a tourism-based economy like that found in Estes Park. The Estes Valley economy also has a large gap between the management occupations and other occupations within the sectors. Figure II-4 shows the occupational distribution and median earnings by jurisdiction, based on 2020 ACS estimates. While the Estes Valley occupational distribution is similar to those in neighboring districts, the Estes Valley management earnings are 176% of the overall median, compared to 136%- 148% in Loveland and Fort Collins. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 4 Figure II-4. Job Distribution and Wages, by Sector, Estes Valley, 2010-2030 Note: Civilian employed population over 16 years with earnings Source: 2020 5-year ACS, OPS Strategies. Seasonality. Also characteristic of a tourism-based economy is seasonality. About 51% of taxable sales in Estes Park in 2021 occurred in June through December. This concentration of economic activity in the summer months is about the same as it was in 2016. Figure II-5. Taxable Sales, Town of Estes Park, 2016 - 2021 Note: Taxable sales excludes food sales not for immediate consumption and other items. Gray lines show years between 2016 and 2021 Source: Town of Estes Park, OPS Strategies. Occupational Distribution 45% 37% 48% 45% 41% Service 17% 24% 18% 15% 15% Sales and office 22% 25% 19% 20% 22% Natural resources, construction and maintence 9% 6% 7% 8% 10% Production, transportation, and material moving 6% 7% 8% 11% 12% Median Earnings $41,239 $33,301 $36,491 $46,029 $42,752 $72,650 $73,774 $53,949 $70,147 $58,307 Service $21,540 $17,784 $17,880 $22,047 $21,582 Sales and office $32,965 $25,179 $28,213 $36,350 $34,480 Natural resources, construction and maintence $26,780 $42,083 $39,521 $42,483 $47,192 Production, transportation, and material moving $33,214 $26,755 $29,268 $32,847 $40,486 Management, business, and financial Management, business, and financial Estes Valley Town of Estes Park Fort Collins Longmont Loveland ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 5 The 2016 Housing Needs Assessment found that about 52% of jobs in in the summer are seasonal. Because of the similarity in the seasonality of the economic activity and because some of the data available in 2016 was not available in 2022, Figure II-6 carries forward that relationship to estimate the year-round and seasonal jobs in the Estes Valley. Only about 60% of jobs in the Estes Valley are year-round. However, the taxable sales data does indicate movement toward a more year-round economy. Taxable sales grew 7-8% per year for the months of June through September. For the other eight months annual growth was between 11% and 13%. The peak months are still far ahead of the off months, but if recent trends hold a greater percentage of job growth will be in year-round jobs, which will have impacts on the types of housing needed. Figure II-6. Jobs by Seasonality, Estes Valley, 2015 and 2021 Source: 2016 Housing Needs Assessment, OPS Strategies. Rocky Mountain National Park Visitation and Unfilled Jobs. Rocky Mountain National Park saw extreme growth in visitation from 3.4 million visitors in 2014 to 4.4 million visitors in 2017. Figure II-7. Rocky Mountain National Park Visitation, 2000 to 2021 Source: Rocky Mountain National Park, OPS Strategies. Number 2020 Annual Average 7,570 7,940 Summer 9,640 127% 10,110 Yearround jobs 4,630 61% 4,860 Summer seasonal jobs 5,010 66% 5,250 Winter 5,510 73% 5,780 Yearround jobs 4,630 61% 4,860 Winter seasonal jobs 880 12% 920 % of Annual Average 2015 ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 6 In periods of more stable visitation numbers, the ratio of Rocky Mountain National Park visits to Estes Valley jobs is remarkably consistent. However, in periods of rapid visitation job growth lags as it takes longer for employers and employees to respond to the increased demand. This lag was reported as 480 unfilled jobs in the 2016 Housing Needs Assessment. While visitation growth stabilized after 2017, the COVID-19 pandemic and other national factors have made it harder for jobs to stabilize back to the baseline ratio. Figure II-8. RMNP Visitation and Estes Valley Jobs, 2000 to 2021 Note: 2015 Employer Survey estimated 480 unfilled jobs in 2015. Source: Rocky Mountain National Park, OPS Strategies. By comparing the ratio of Rocky Mountain National Park visitation to jobs for a given year to the baseline expected ratio we can estimate the number of unfilled jobs in the economy. The 2015 ratio indicated about 560 unfilled jobs, similar enough to the 480 unfilled jobs identified in the 2015 employer survey that the methodology can be used to understand any changes since 2015. In 2021, the ratio indicates there are 740 unfilled jobs in the Estes Valley, a 30% increase. The unfilled jobs estimate could also be read at the extent of the post-pandemic shift in jobs per visitor indicative of an overall shift in the service economy. The long-term recovery of the service sector on a national scale remains to be seen, but if it does trend back toward where it was in 2010 it will mean even greater job growth that projected. Rocky Mountain National Park Visitation 3,185,392 2,955,821 4,155,916 4,434,848 Estes Valley Jobs 6,499 6,042 7,571 7,938 Jobs to Visitation Ratio 0.0020403 0.00204 0.00182 0.00179 Unfilled Jobs Estimate 558 737 2000 2010 2015 2021 ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 7 Employees While jobs are the common unit of economic measurement and projection, converting job projections housing need requires understanding who is working those jobs. Jobs per Employee. Employees in seasonal service economies often hold multiple jobs. Available data on year-round employees in the Estes Valley indicates that jobs per year-round employee have been consistent at 1.13 jobs per employee. Seasonal employees typically have more jobs, such that the overall average jobs per employee is 1.2 (according to Estes Valley survey data). Employees per Household. In addition to employees working multiple jobs, working households typically have more than one worker. Data from the Census Bureau 2 indicates that the number of wage earners per household with earnings has remained about the same from 2010 (1.58 workers per household) to 2020 (1.54 workers per household). Median earnings and median household income data from the 2020 ACS 5- year estimates indicate that there are 1.80 earners per household and show the same stability over the recent past. Commuting. While the population of the Estes Valley is similar to what it was in 2010, jobs have grown 30%. Filling those jobs are commuters from surrounding areas. In 2019, 33% of year-round Estes employees commuted from outside of the area, an all-time high commuter percentage based on Census Bureau data. The 33% commuter percentage in 2019 is part of a long-term trend of slowly increasing commuting. Figure II-9. Percent of Workers Commuting, Estes Valley, 2005 to 2019 Source: LEHD, BEA, 2016 Housing Needs Assessment, OPS Strategies. 2 2020 ACS 5-year estimates of the percentage of the population in the labor force and percentage of household with earnings were adjusted by 2020 Census counts of population and households. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 8 The most common homes for commuters are Loveland and Fort Collins, which provide about 5% of the Estes Valley workforce. The Longmont area is home to another 4% of Estes Valley workers. Closer to Estes Park, about 2% of workers live in Drake or Glen Haven. Figure II-10. Commuter Origin and Annual Cost to Commute to Estes Park Note: Assumes 5 days of commuting per week 50 weeks per year at the 2nd half 2022 milage rate of $0.625. Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: LEHD, OPS Strategies. The $11,000 annual commuting cost is about 15% of the median household income in the Estes Valley. If housing is affordable in the community where the commuter lives, and only one of multiple earners is commuting, a 15% commute cost can make financial sense. For the 35% of workers in the accommodation and food service industry, $11,000 equates to almost 45% of the average wage. In the lowest paying industries (also including retail, arts, entertainment, and recreation) that account for half of all jobs, wages do not cover the commute cost. Which means that these industries at the heart of the Estes economy need local employees. Retiring Employees. The age of the Estes Valley population also appears in its workforce numbers. About 27% of the Estes Valley labor force (1,870 people) is age 60 or older and can be expected to retire (or shift to limited work hours) in the next 5-10 years. This is up from about 1,200 employees age 60 or older in 2015.3 These older Estes Valley employees pose a challenge to the Estes Valley economy as older employees tend to have more housing security in areas of increasing home prices. When an older employee retires the person that replaces them in the workforce will be less likely to be able to afford to live in Estes Park and will have fewer housing choices if the retiring employees decide to age in place in Estes. 3 The 2015 employer survey estimated a similar 1,150 employees likely to retire in the next 5 years. Estes Valley 67% n/a n/a Loveland 5% 30 9,380$ Fort Collins 5% 41 12,810$ Longmont 4% 32 10,000$ Boulder 2% 38 11,880$ Drake/Glen Haven 2% 7-13 4,060$ Other 15% n/a n/a % of Workforce One-way Miles Annual Cost of Commute HOUSING NEEDS ASSESSMENT SECTION III. HOUSING PROFILE AND AFFORDABILITY ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 1 SECTION III. Housing Profile & Affordability Analysis This section provides an analysis of the Estes Valley’s housing market and housing needs. It examines housing supply and availability, development trends, affordability of rental and ownership housing, and housing demand. The section begins with an inventory of existing housing and its occupancy, followed by an inventory of planned housing in the pipeline. That is followed by a definition of affordability and how affordability is typically measured with a discussion of price trends and affordability in both the rental and ownership markets. The price trends are combined with renter and owner profiles to present a gaps analysis, which evaluates mismatches in supply and demand in the housing market. The section concludes with summation of future housing needs that adds household growth projections to the gaps analysis. Key Findings  The pace of housing unit growth in the past decade is the slowest since the 1960s. The number of units built since 2010 is only 42% of the average number of units built per decade in the 70s, 80s, 90s, and 00s.  The median home sale in the past 12 months in the Town of Estes Park rose from $392,000 in March 2020 to $585,000 in September 2022—a 50% increase in two and a half years over the course of the pandemic. Over the same time purchasing power has dropped 23% as rising interest rates decrease the home price affordable to a household.  Affordability has also declined in the rental market as rent hikes outpaced income growth and levels of cost burden for renters rose to 63% in Estes Park and 58% in the Estes Valley as a whole.  2,720 units will be needed by 2030 to address the current shortage of workforce housing and forecasted employment demand. Two thirds of these units are needed at price-points affordable to households earning less than 120% AMI; 21% are needed for households earning less than 30% AMI. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 2 Housing Stock There are about 9,510 housing units in the Estes Valley, of which 4,380 are located in the Town of Estes Park. Age of Units. Based on Larimer County Assessor data, about a quarter of the units in the Town of Estes Park were built in 1970 or before, meaning they are at least 50 years old. Another quarter of the units in the Town of Estes Park were built in a single decade between 1991 and 2000. Figure III-1. Age of Units by Jurisdiction Note: Estes Valley ratios are derived from Assessor data for the Town of Estes Park and ACS data for the school district. Source: Larimer County Assessor (2022), 2020 5-year ACS, OPS Strategies. Only 7% of the units in the Town of Estes Park have been built since 2010. The pace of housing unit growth in the past decade, is the slowest since the 1960s. The number of units built since 2010 is only 42% of the average number of units build per decade in the 70s, 80s, 90s, and 00s. In the unincorporated areas of the Estes Valley, the units are even older due to a less pronounced housing boom from 1990-2010 and an earlier stop to new unit construction. The number of units built since 2010 was about 56% of the number of units built each decade from 1970-2010. However, it matched the number of units built from 2001-2010 indicating that new unit construction slowed in the unincorporated areas before it slowed in the Town of Estes Park. Occupancy. About 44% of units in the Estes Valley are vacant (primarily for seasonal/recreational use, including second homes and short-term rentals), 43% are owner occupied and 13% are renter occupied. (This translates to a homeownership rate among occupied households of 77% owners and 23% renters). ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 3 Figure III-2. Occupancy of Housing Units, 2020 Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: Census, 2020 5-year ACS, OPS Strategies. Owner-occupied units are more prevalent in the unincorporated Estes Valley than the Town of Estes Park. The same is true of vacant units. The result is that 87% of all rental units in the Estes Valley are located within the Town of Estes Park and just 2% of occupied units in unincorporated Estes Valley are rentals. When compared to the surrounding region, the Estes valley has far more vacant units and fewer owner and renter occupied units. The Estes Valley ownership rate of 77% of occupied units is higher than neighboring areas (74% in Longmont, 71% in Loveland), but the Town of Estes Park ownership rate of 62% of occupied units is in line with the Fort Collins ownership rate of 63%. A rental rate of 23% of occupied units in the Estes Valley represents a very low rental inventory. Type of Units. Most of the housing type diversity in the Estes Valley is in the Town of Estes Park. In fact, in unincorporated Estes Valley 88% of occupied housing units are owner-occupied, detached single-family homes. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 4 Figure III-3. Occupied Housing by Tenure and Type, Estes Park and Estes Valley, 2020 Note: Data are for occupied housing units. Larimer County Assessor data for the Town of Estes Park corroborates the ACS data. Source: 2020 5-year ACS. In the Town of Estes Park, about half of the units are detached single-family and another quarter are townhomes or in buildings with 2-4 attached units. While about 22% of units are in multi-unit buildings with 5 or more units, those buildings account for less than 5% of the residential floor area in the Town. Meanwhile, the half of units that are detached single family homes use about 65% of the residential floor area, because they tend to have a larger square footage. Multifamily units are also far more likely to be occupied by renters than single family homes. Number of bedrooms. In the Town of Estes Park about 34% of units have 2 bedrooms and another 34% have 3 bedrooms according to Assessor data. Only about 9% of units have 4 or more bedrooms which is significantly less than surrounding areas where 31-36% of units have 4 or more bedrooms. The remaining 22% of units in the Town of Estes Park are studios or have 1 bedroom. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 5 Figure III-4. Number of Bedrooms, by Jurisdiction, 2020 Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: Larimer County Assessor, 2020 5-year ACS, OPS Strategies. The smaller units (studio and 1 and 2 bedroom) in Estes Park are typically found in multi- unit buildings, but there are a number of studio/1-bedroom units that are detached units or townhomes. However, there are relatively few detached, 2-bedroom units compared to the overall mix of unit sizes. Vacancy. Estes Valley vacancy was about the same in 2020 (44%) as it was in 2010 (43%). The slight growth was the result of the Town of Estes Park seeing a continued increase in vacancy from 24% in 2000, to 32% in 2010, to 36% in 2020. And yet vacancy is still far more prevalent in the unincorporated areas of the Estes Valley where over half of all units are vacant. The prevalence of second homes and vacation homes in the Estes Valley is evident when the vacancy rate is compared to the neighboring school districts. Looking more closely at the tenure and vacancy status evolution in the Town of Estes Park from 2010 to 2020 it appears that the vacancy increase is being driven by the transition of formerly owner-occupied units into season, recreational, or occasional use. Figure III-5. Vacancy, by Jurisdiction, 2010 to 2020 Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: Census, OPS Strategies. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 6 Figure III-6. Occupancy and Vacancy Status of Housing Units, Town of Estes Park, 2010 to 2020 Source: DOLA, 5-Year ACS, Root Policy Research, OPS Strategies. Short-term rentals. As of the drafting of this report, there were 480 registered short term rentals (STRs) in Estes Park: 322 in residential zone districts and 158 in commercial districts. As shown in Figure II-7, STRs have increased in both residential and commercial zone districts, particularly over the past six years. Figure III-7. Registered STRs by Zone, 2010-2021 Source: Town of Estes Park. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 7 Data from AirDNA (an online aggregator of STR listings) shows similar increases in the number of active STR listings in Estes Park over the past five years (regardless of registration status), despite a slight dampening of activity during COVID (2020-2021).1 Figure III-8. Active STR Listings by Zone, 2017-2021 Note: Active Commercial Listings excludes listings in A (Accommodation) Zone Districts but includes A-1 zones. Source: AirDNA and Root Policy Research. On average, Estes Park STRs have 2 bedrooms and 2 bathrooms with a guest capacity of six people. The average daily rate is $328 per night. STRs in residential zones tend to be larger on average than those in commercial zones and, as such, command higher average daily rates than STRs in commercial zones. Figure II-9. Estes Park STR Characteristics Source: AirDNA and Root Policy Research. The typical STR in Estes Park is rented 167 days per year and generates $53,684 in revenue annually. Development activity. Building permit activity has increased over the last couple years with notable activity in the multifamily market. The permit data alone do not indicate whether developments will be occupied by local workforce or if they are primarily marketed as second home condo opportunities. However, specific multifamily projects in the planning and development pipeline are discussed following Figure III-10. 1 For the purposes of this analysis, “active” means a property listed on AirBNB, VRBO, or other HomeAway site at least once per month in at least six months of a given year. The analysis focuses on “entire home” listings in order to exclude residents who may rent out a room in their home on occasion. Bedrooms Bathrooms Guest Capacity Average Daily Rate All Active STRs 2.2 1.9 6.1 $328 in Residential zones 2.7 2.1 6.7 $366 in Accommodation zones 1.8 1.9 5.9 $314 in Other Commercial zones 2.0 1.9 5.7 $315 ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 8 Figure III-10. Building Permits by Type Source: Town of Estes Park. The proposed “Homes at Fish Hatchery” development, currently in the planning process, is a notable potential addition to the Town of Estes Park’s housing stock. The site is Town- owned land and as such, the Town plans to enter into a development agreement with a private developer to create approximately 190 units of workforce housing serving households in which at least one household member is employed within the boundary of the Estes Park School District for at least 30 hours per week year-round. The preliminary plan indicates that the development is intended to serve households earning 70% to 120% of area median income (AMI).2 At least one other workforce housing development that could create about 90 new units is in the development pipeline. 2 https://estespark.colorado.gov/fishhatchery ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 9 Rental Market Average asking rent in Estes Park is about $1,845 per month (according to an analysis of recent listings on apartment sites, including Craigslist). This reflects a 32% increase in average rent since 2015, when the same analysis showed average rents at $1,395. Residents surveyed as part of the engagement efforts for this study (see Section IV for details) reported similar rents with an average of $1,762 (and a median of $1,550) before utilities. Figure III-11 shows the distribution of all rents (including those currently occupied and not on the open market) in 2010, 2015, and 2020 as reported in the ACS. By that measure, the median rent paid by Estes Park households in 2020 was estimated at $888 per month. This rental rate is substantially lower than the market-rate asking rent because it reflects rental payments of residents in income-restricted housing (e.g.,EPHA units, LIHTC units, and housing choice voucher holders) and rental payments among residents who may be renting from friends/family or a long-term rental agreement (with lower rates). According to the ACS, rent in the Town of Estes Park has increased at a rate of 1.2% per year since 2010, which the same rate at which the median income of renters has increased. Figure III-11. Median Gross Rent, by Jurisdiction, 2010 to 2020 Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: 5-year ACS, OPS Strategies. Rents in the Estes Valley are significantly lower than in surrounding areas, but there are also significantly fewer rentals in Estes than in the surrounding area. Fort Collins, with its student population, showed the most consistent rent growth. Loveland, Longmont, and Estes Valley all saw slow growth in rents from 2010-2015 as the economy recovered from the Great Recession, followed by rapid rent growth in the past five years. Rent increases from 2015 to 2020 were double the rent increases from 2010 to 2015 in those jurisdictions. Given the relatively few rentals in unincorporated Estes Valley and the limited growth in Estes Park rents, this means that most, if not all rentals in unincorporated Estes Valley are 2010 2015 2020 2010-2020 2015-2020 Estes Valley $791 $857 $1,015 28% 18% Town of Estes Park $789 $882 $888 13% 1% Fort Collins $857 $1,064 $1,356 58% 27% Longmont $924 $1,056 $1,474 60% 40% Loveland $832 $995 $1,344 62% 35% Growth ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 10 at the top end of the rent distribution. In fact, there are only an estimated 24 units in unincorporated Estes Valley that have rents below the median rent for the entire Valley. Figure III-12. Gross Rent Distribution, by Jurisdiction, 2020 Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: 2020 5-year ACS, OPS Strategies. The higher rents in surrounding areas are partly explained by the larger units in surrounding areas. More bedrooms accommodate larger households and larger households tend to have larger incomes. Renters in surrounding areas also have incomes that are 45%-80% higher than renters in Estes Park. The stability of the lower rents and lower wages for renters in Estes Park is notable. This is often indicative of a “company town” housing dynamic where there is a limited supply of rental housing and the rentals that do exist are controlled by the same employers that set wages and are reserved to ensure those employers can fill jobs. This is typical in seasonal economies. It also speaks to the success of the Estes Park Housing Authority, which has been able to consistently offer below-market rents to income-qualified households. Even so, the demand for affordable rentals far exceeds the supply (as will be discussed in the subsequent affordability section. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 11 Ownership Market In September 2022, the median home sale in the Town of Estes Park in the past 12 months was $585,000 according the Larimer County Assessor. In March 2020, the median home sale in the Town of Estes Park was $392,000 – which means Estes home values rose 50% in two and a half years during the pandemic. Figure III-13. Median Sales Price in the Past 12 Months, Town of Estes Park, 2000-2022 Source: Larimer County Assessor, OPS Strategies Prior to the pandemic, home sales had recovered from the housing bubble and Great Recession to reestablish the long-term trendline. The two and a half-year home value growth of 49% during the pandemic is unprecedented and dwarfs the growth seen during the housing bubble, where home values grew 23% over the two and a half months from February 2006 to August 2008. Figure III-14. Median Home Value, by Jurisdiction, 2010 to 2020 Note: Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: Larimer County Assessor, 1-year ACS, OPS Strategies. 2010 2015 2020 2021 2015-2020 2020-2021 Town of Estes Park $297,500 $279,950 $392,000 $456,000 8% 16% Fort Collins $246,800 $310,900 $430,900 $497,400 8% 15% Longmont $259,500 $317,400 $461,700 $498,000 9% 8% Loveland $239,500 $280,300 $392,300 $462,500 8% 18% Annual Growth ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 12 The median home value for the Estes Valley as a whole is about the same as the median home value for the Town of Estes Park. The 1-year ACS estimates for the surrounding areas would indicate that Fort Collins and Loveland are seeing similar home value growth during the pandemic, while Longmont is not. The regional data also indicates the Estes home values are keeping pace with neighboring home values while the incomes of Estes renters are not. This means that Estes renters, who already had few opportunities to move into the market are seeing the situation worsen and the low paying service workers at the core of the Estes economy will need rental housing, price restricted housing, or have to commute. Figure III-15. Home Value Distribution, by Jurisdiction, 2020 Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts. Source: 2020 5-year ACS, OPS Strategies. Across the region, fewer than 10% of units had a value under $200,000 in 2020 – the price affordable to a household making 80% of median income in 2020. In the Estes Valley only 3% of units were valued under $200,000. Across the region about half of units are priced between $300,000 and $500,000 around the median value. This concentration of home values around the median value is not matched by incomes which have a much more uniform distribution from the extremes through the median. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 13 Income Restricted and Workforce Housing Inventory There are currently 288 income-restricted housing units in the Estes Valley most of which are rental units and affordable to households earning less than 60% AMI. There are another 61 workforce housing units in the Valley, which do not have an income requirement but do require that at least one household member is employed in the Estes Valley at least 30 hours per week. Figure III-16 shows the current income-restricted and workforce inventory in the Estes Valley by AMI and tenure. In addition to the units shown in the figure, there are another 88 ownership workforce units and 94 rental workforce units in the pipeline and 190 workforce units proposed across three different developments in the Estes Valley, at the time this report was drafted. Figure III-16. Income-Restricted and Workforce Housing Units, Estes Valley Source: Estes Park Housing Authority and Root Policy Research. According to applicant data from EPHA, 42% of applicants for housing services are households that include children under 18—this compares to 17% of households valley- wide that include children. In other words, EPHA services are particularly important in helping stabilize households with children. About 13% of EPHA applicants are seniors living alone—the same proportion as in the Estes Valley overall. Type of Unit and AMI Maximum Rental Units Ownership Units Total Units Income-Restricted Units 250 48 288 55% AMI 57 0 57 60% AMI 192 0 182 80% AMI 1 31 32 125% AMI 0 17 17 Workforce (no AMI max) 47 4 61 ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 14 Affordability The most common definition of affordability is linked to the idea that households should not be cost burdened by housing. A cost burdened household is one in which housing costs—the rent or mortgage payment, plus taxes and utilities—consumes more than 30% of monthly gross income. Figure III-17. Affordability Definitions Cost Burden. The 30% proportion is derived from historically typical mortgage lending requirements.3 Thirty percent allows flexibility for households to manage other expenses (e.g., childcare, health care, transportation, food costs, etc.). Spending more than 50% of income on housing costs is characterized as severe cost burden and puts households at high risk of homelessness—it also restricts the extent to which households can contribute to the local economy. Over half (58%) of renters in the Estes Valley are cost burdened, and 63% of renters in the Town of Estes Park are cost burdened. Most households that are cost burdened and all 280 of the households that are severely cost burdened are in the Town of Estes Park. 3 In the recent past, the 30% threshold has been questioned as possibly being lower than what a household could reasonably bear. Indeed, the U.S. Department of Housing and Urban Development has considered raising the contribution expected of Housing Choice (“Section 8”) Voucher holders to 35% of monthly income. However, most policymakers maintained that the 30% threshold was appropriate after considering increases in other household expenses such as health care, and especially now that interest rates are rising again. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 15 Figure III-18. Cost Burden, by Jurisdiction and Tenure, 2010 and 2020 Source: 2010 and 2020 5-year ACS, OPS Strategies. The percentage of cost burdened renters grew significantly from 2010 to 2020, while the percentage of cost burdened owners with a mortgage shrank. The increase in cost burdened renters indicates that rents grew faster than wages. The decrease in the percentage of owners with mortgages who are cost burdened owners with mortgages is likely due in part to refinancing as interest rates fell. It is also an indicator that the available housing was purchased by households from outside of the Estes Valley with more income. Rental affordability gap. To examine how well the Estes Valley’s current housing market meets the needs of its residents Root Policy Research conducted a modeling effort called a “gaps analysis.” The analysis compares the supply of housing at various price points to the number of households who can afford such housing. If there are more housing units than households, the market is “oversupplying” housing at that price range. Conversely, if there are too few units, the market is “undersupplying” housing. The gaps analysis conducted for the Estes Valley addresses both rental affordability and ownership opportunities for renters who want to buy (see below). Figure III-19 compares the number of renter households, their income levels, the maximum monthly rent they could afford without being cost burdened, and the number of units in the market that were affordable to them. The “Gap” column shows the difference between the number of renter households and the number of rental units affordable to them. Negative numbers (in parentheses and red font) indicate a shortage of units at the specific income level; positive units indicate an excess of ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 16 units. The rental supply data does account for publicly assisted units so gaps are above and beyond currently provided income-restricted units.4 Renter households who face a rental gap are not homeless; they are cost burdened, occupying units that are more expensive than they can afford. Those who struggle to pay rent include working residents earning low wages, residents who are unemployed, and residents who are disabled and cannot work. Figure III-19. Gaps in Rental Market, Estes Valley, 2020 Note: Approximate AMIs shown for a 2-person household size. Source: 2020 5-year ACS, Root Policy Research, OPS Strategies. The gaps analysis in Figure III-19 shows that:  About one third of renters in the Estes Valley are extremely low-income households making less than $25,000 per year (about 30% AMI for a 2-person household). These households need units that rent for $625 a month or less to avoid being cost burdened. Just 16% of the rental supply meets that need – 241 units short of demand.  The cumulative gap column indicates that the overall affordability shortage is not fully resolved until households are earning more than $35,000 per year (about 40% of AMI for a 2-person household size).  The market is over supplying units in the $875-$1,275/month rent range. As a result, lower income renters are having to reach into this range and pay double what they can afford. The “shortage” shown for higher income renters (earning more than $75,000 per year) suggests those renters are spending less than 30% of their income on housing. This points 4 Publicly supported housing means housing that received public funding and has an income restriction (e.g., Public Housing units, project-based Section 8, Low Income Housing Tax Credits, etc.). Renter Incomes Less than $25,000 (≈30% AMI)$625 491 32% 250 16%(241) (241) $25,000 - $35,000 (≈40% AMI)$875 331 22% 447 9% 116 (125) $35,000 - $50,000 (≈60% AMI)$1,250 100 7% 435 9% 335 210 $50,000 - 100,000 (≈120% AMI)$2,500 360 24% 368 7% 8 218 $100,000 - 150,000 (≈200% AMI)$3,700 169 11% 41 1%(128)90 $150,000 or more 65 4% 0 0%(65)25 Percent Cumulative Rental GapNumber Maximum Affordable Gross Rent Rental Demand (Current Renters) Rental Supply (Current Units)Rental GapPercent Number ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 17 to an income mismatch in the market in which higher income households are occupying homes affordable to lower income households. Overcrowding. The “shortage” at higher incomes can also be the result of overcrowding that gives the indication of higher income because there are actually multiple families living as a single household. The US Department of Housing and Urban Development (HUD) defines overcrowding as more than one person per room and ACS estimates indicate very little overcrowding in Estes. However, the 2016 Housing Needs Assessment, which defined overcrowding as more than 2 people per bedroom (which the ACS does not estimate) found 12% of households of Estes employees to be overcrowded, indicating a need for 160 units to address overcrowding. For reference, the gaps analysis for 2015 indicated a high income “shortage” of 130 units. Interviews and public comment indicate that overcrowding continues to be a critical issue, especially among the immigrant community. Whether the rental shortage is estimated based on low income need or a survey of overcrowding, additional low rent housing is needed to accommodate the growth in low wage jobs. Figure III-20. Gaps in Rental Market, Estes Valley, 2015 and 2020 Source: 5-year ACS, OPS Strategies. The shortage of low-income rentals and the “shortage” of high-income rentals both grew from 2015 to 2020.With wages and rents increasing at about the same rate, the increasing shortage is largely a function of lack of supply. Ownership affordability gap. The gap between interest in buying and available product is demonstrated by the for-sale gaps analysis shown in Figure III-21. Similar to the rental gaps analysis, the model compares renters, renter income levels, the maximum monthly housing payment they could afford, and the proportion of units in the market that were affordable to them. The maximum affordable home prices used for the analysis assume a 30-year mortgage with a 10% down payment and an interest rate of 5.22%5. The estimates also incorporate property taxes, insurance, HOA payments and utilities (assumed to collectively account for 25% of the monthly payment). 5 This is the Freddie Mac rate for August 2022. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 18 In addition to the rapidly increasing home prices discussed above, rising interest rates are decreasing the purchasing power of lower- and middle-income households at the same time housing prices are running away from them. At 5.22% interest a household can afford 77% of what it could afford at 3.10% interest, which was the average Freddie Mac interest rate in 2020. The “Gap” column shows the difference between the proportion of renter households and the proportion of homes sold between August 2021 and July 2022 that were affordable to them. Negative numbers indicate a shortage of units at the specific income level; positive units indicate an excess of units. It is important to note that the gaps column accounts only for units that fall precisely within the affordability range of the household. The for-sale gaps analysis shows the Estes Valley market to be affordable for renter households earning more than $100,000 per year. At that level, the proportion of homes for sale exceeds the proportion of renters who may be in the market to purchase. Figure III-21. Options for Renters Wanting to Buy, Estes Park, 2022 Note: Home sales are for the Town of Estes Park only. Approximate AMIs shown for a 2-person household size. Source: 2020 5-year ACS, Larimer County Assessor, Freddie Mac, OPS Strategies. Renters earning less than $100,000 per year (about 120% of median income) can afford a maximum home price of about $374,800. While such renters represent 85% of potential new home owners, only about 20% of Estes Valley’s homes sold last year were affordable to them (56 homes). By comparison, renters making 80-120% of median income in 2015 could still afford market housing and there were 82 homes sold at prices affordable to households making less than 80% of median income. Renter Incomes Less than $25,000 (≈30% AMI)$93,700 491 32% 5 2%-30%n/a $25,000 - $35,000 (≈40% AMI)$131,200 331 22% 2 1%-21% -21% $35,000 - $50,000 (≈60% AMI)$187,400 100 7% 5 2%-5% -25% $50,000 - 100,000 (≈120% AMI)$374,800 360 24% 44 15%-9% -34% $100,000 - 150,000 (≈200% AMI)$562,100 169 11% 81 28% 17%-17% $150,000 or more 65 4% 150 52% 48% 31% Maximum Affordable Home Price Potential Demand (Current Renters) For-Sale Supply (Home Sales 8/1/21- 8/1/22) Cumulative Purchase Gap (excl. <$25K)Number Percent Number Percent Purchase Gap ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 19 Housing Need About 2,720 new housing units are needed by 2030 to address the existing shortage and account for forecasted employment trends. Figure III-22 illustrates the current housing need and shows how needs have grown since 2016 (the 2016 HNA identified a 1,530 unit housing need). The lack of housing construction and decreasing affordability of housing have increased the existing shortage of units – the “catch up” need. At the same time, retirement of current employees coupled with projected job growth continue to forecast additional need. Figure III-22. Housing Need, Estes Valley, 2016 and 2022 Note: The 2016 HNA miscalculated the housing need of commuters as 290 by applying the jobs/employee factor twice. Source: 2016 Housing Needs Assessment, LEHD, ACS 5-year estimates, Larimer County Assessor, DOLA job forecast, RMNP, OPS Strategies. Components of housing needs. The individual components of needs outlined in the previous figures are discussed in more detail below.  Rental shortage. As discussed in the rental affordability gap and overcrowding sections above, there is a shortage of about 240 low-income rentals in Estes Park. That shortage of low-income rentals is likely contributing the overcrowding issues facing Estes Valley households and is comparable to the 160-unit rental shortage identified in the 2016 Housing Needs Assessment as a result of overcrowding. The increased need is the result of increases in low wage jobs without a commensurate increase in low rent housing. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 20  Commuters. The percentage of the workforce commuting has increased from 2015 as has the size of the overall workforce. The compound effect is that a modest increase in the commuter rate represents nearly a doubling in the number of units needed to accommodate those commuters who want to live in Estes Park. Figure III-23. Units Needed for Commuters, Estes Valley, 2016 to 2022 Note: The 2022 commuter rate was reduced by 4% to account for residents of Drake and Glen Haven who were not counted as commuters in 2016. Source: 2016 Housing Needs Assessment, LEHD, BEA, RMNP, OPS Strategies.  Unfilled jobs. As discussed above in the section on Rocky Mountain National Park visitation and unfilled jobs there are an estimated 737 unfilled jobs in the Estes economy compared to historical ratios. At 1.2 jobs per employee and 1.84 employees per household that equates to a need for about 330 housing units. As discussed in Section II, about 60% of jobs in the Estes Valley are year-round. Applying this percentage to the unfilled jobs estimate yields a need for 198 units to accommodate permanent workforce and 132 units to accommodate seasonal workforce.  Retiring workforce. As discussed above in the employment profile for the retiring workforce, there are about 1,870 Estes Valley residents with earnings who are age 60 or older and can be expected to retire by 2030. This equates to a housing need for about 690 units because if the employees retire in place, their homes will not be available to their replacements in the workforce and if they sell their homes, they will no longer be affordable to the workforce. 2022 Jobs 7,571 7,938 Jobs per Employee 1.2 1.2 Employees 6,309 6,615 In-commuters 1,020 1,925 Commuter rate 16% 29% Commuters that want to move to Estes 62% 62% Employees per household 1.84 1.84 Commuter housing need 340 650 2015 Figure III-24. Units Needed to Replace Retiring Workforce, Estes Valley, 2016 to 2022 Source: 2016 Housing Needs Assessment, ACS 5-year estimates, OPS Strategies. 2022 2016 estimated employee to retire 1,150 ACS residents over 60 with earnings 1,205 1,867 2015 survey to ACS adjustment 0.95 0.95 Jobs per employee 1.2 1.2 Employees per household 1.84 1.84 Commuter housing need 520 810 2015 ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 21  The 2016 vs 2022 data gap. With actual job growth of only 367 jobs equating to about 140 units of housing demand and 360 units having been built since 2015, the existing need in 2022 is about 200 units higher than expected. However, we know that not all of the 360 new units were affordable to the workforce and it is likely that some of the projected retirees are still in the workforce. While the 2016 and 2022 numbers do not align perfectly they corroborate the story of what has happened on the ground since the last housing needs assessment and emphasize the growing need for affordable housing in the Estes Valley.  Forecasted job growth. Based on the DOLA forecast for Larimer County, the Estes Valley will add 1,785 jobs by 2030. At 1.2 jobs per employee and 1.84 employees per household, if Estes houses 85% of the job growth locally the job forecast represents a housing demand of 690 units. The assumption that 85% of the employees will be housed locally is carried forward from the 2016 Housing Needs Assessment. Applying the seasonality proportion to the 690 units for job growth yields a need for 414 permanent household units and 276 seasonal workforce units. Housing needs by income, tenure, and price-point. The number of bedrooms and affordability for the future housing units will be a function of all the household characteristics discussed in Section I. Demographic Profile. Those characteristics are summarized below and then applied to the catch-up and keep-up housing needs. Profile of renters and owners. Figure III-25 summarizes characteristics of renters and owners in the Estes Valley that inform the types of housing that will be needed. The figure displays the number and distribution of renter and owner households by demographic characteristics and provides the homeownership rate by income, age group, household type and race/ethnicity. Homeownership rates that are highlighted indicate rates that are 5 or more percentage points lower than the overall homeownership rate of 77%.  As expected, owners tend to be older and earn higher incomes than renters. Median income for renters is about a third (36%) of the median income for owners.  Renters are more likely than owners to be living in non-family households (e.g. living alone, living with roommates, or living with as unmarried partners). These renters have a greater variety in needed housing types due to their varying size.  The vast majority (92%) of householders in the Estes Valley are non-Hispanic whites. Hispanic households are significantly more likely to be renters than owners, with a homeownership rate of 37%. Households held by other races/ethnicities are few, but are more likely to be owners. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 22 Figure III-25. Profile of Households by Tenure, Estes Valley, 2020 Note: *Due to the small sample size of Native American householders in the ACS data, the available information on homeownership may reflect a substantive margin of error. Source: 2020 5-year ACS, OPS Strategies Figure III-26 shows the income distribution and rental/ownership need of the 2,720 units. With the market not currently providing any ownership product under 120% of median income and no rental product at the extremely low income levels, many of these units will have to be deed restricted in some way. Based on the seasonality of unfilled and Number Percent Number Percent Total Households 1,516 100% 4,954 100%77% Median Income Income Distribution Less than $25,000 491 32% 337 7% 41% $25,000 - $35,000 331 22% 80 2% 19% $35,000 - $50,000 100 7% 849 17% 89% $50,000 - 100,000 360 24% 1,322 27% 79% $100,000 or more 234 15% 2,366 48% 91% Age of Householder Younger households (15-24)156 10% 0 0% 0% All householders 25 and over 1,360 90% 4,954 100% 78% Ages 25-34 184 12% 151 3% 45% Ages 35-44 176 12% 590 12% 77% Ages 45-64 537 35% 2,015 41% 79% Ages 65 and older 463 31% 2,198 44% 83% Household Type Family without children 471 31% 2,717 55% 85% Family with children 149 10% 707 14% 83% Living alone 770 51% 1,273 26% 62% Other nonfamily 126 8% 257 5% 67% Race/Ethnicity of Householder Non-Hispanic White 1,221 81% 4,730 95% 79% Hispanic 295 19% 173 3% 37% Native American*0 0% 19 0% 100% OwnersRenters $33,140 $92,050 Ownership Rate ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 23 forecasted jobs, up to 408 of these units could be needed to accommodate seasonal worker households. Figure III-26. Projected New Households by 2030, Estes Valley, Based on Job Growth Note: Assumes current income and tenure distributions remain constant. Source: ACS 5-year estimates, OPS Strategies Figure III-22 shows how 2,720 new housing units would need to be designed to accommodate their likely households, assuming the same household distribution as is currently reflected in the community. If, however, the community wants to pursue a more diverse demographic with more families with children, as discussed in the Comprehensive Plan, the types of households needed would shift. Figure III-27. Projected New Households by 2030, Estes Valley, Based on Job Growth Note: Assumes current household type distribution and homeownership rates remain constant. Source: ACS 5-year estimates, OPS Strategies. Renter Incomes Rental Owner Rental Owner Rental Owner 0-30% AMI 315 52 115 80 430 132 562 30-50% AMI 48 11 73 17 121 28 149 50-80% AMI 16 131 25 200 41 331 372 80-120% AMI 54 201 82 308 136 509 645 120-200% AMI 25 181 39 276 65 456 521 Over 200% AMI 10 176 15 270 25 447 471 Total 468 752 349 1,151 818 1,903 2,720 Total Gap (Catch Up) Projected (Keep Up) Total HOUSING NEEDS ASSESSMENT SECTION IV. COMMUNITY ENGAGEMENT FINDINGS ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 1 SECTION IV. Community Engagement Findings This section of the report presents the findings from community engagement processes conducted to support the Housing Needs Assessment. Data explored in this section was gathered from the Estes Valley 2022 Housing Survey which assessed the housing needs and experiences of different groups in the Estes Valley. For this reason, the section is broken down into three subsections—year-round Estes residents and in-commuters, seasonal residents and second homeowners, and lastly, seasonal workers. This divided approach to survey analysis allowed for a greater understanding of each group’s needs and preferences. Survey findings are then followed by a summary of insights gathered from stakeholder engagement. Community Engagement Elements The community engagement process included:  A survey available in English and Spanish (882 total responses, 190 Spanish speakers) with tailored questions to local permanent residents, in-commuters, seasonal homeowners, and the seasonal (summer) workforce.  Stakeholder interviews from varying sections including developers, economic development organizations, social service providers, and employers. Survey sampling and respondents. The survey was open to anyone interested in participating (as long as they identified as an Estes Valley resident, worker, or seasonal homeowner), meaning the results are based on non-probability sampling methods. Responses were specifically derived from convenience sampling and snowball sampling methods. Convenience sampling refers to promoting the survey to known individuals or organizations through direct contact (e.g., email invitation) or public relations and social media. Snowball sampling is when a respondent to the survey promotes the survey to their peers or social networks (e.g., sharing the survey link by email or social media). Root monitored the survey as it progressed and compared demographic and socioeconomic indicators of resident respondents with the overall population and continually worked to adjust outreach efforts as necessary to make sure we were reaching all segments of the population. A total of 882 residents, workers, and seasonal owners participated in the survey. The demographic characteristics of resident respondents mirrored the Town’s demographic characteristics, as discussed in the Resident and In- commuter Survey Respondent portion of this section of the report. Surveys were available online and in paper form in both English and Spanish and participation was promoted through the Town and Housing Authority’s various outreach ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 2 channels (namely email blasts and social media), as well as though both local newspapers, stakeholder groups, the school district, and the Chamber of Commerce. Key Findings Conclusions and findings derived from survey respondents and stakeholder engagement are summarized below. Residents and In-commuters:  Cost was the most important factor in choosing a current home for both residents and in-commuters, followed by liking the type of home, safety (low crime), and proximity to parks and open space. Most current in-commuters did consider living in the Estes Valley (83%) but chose to live elsewhere, most commonly due to affordability, availability, or quality of housing.  Housing challenges in Estes Park have a disproportionate impact on renters, residents of Hispanic descent, lower/middle income and younger residents. 70% of renters are worried about the rent going up more than they can afford and nearly half are worried their landlord will sell the home. Only half of owners reported any housing challenges, most commonly size of home (not big enough to accommodate their family) and affordability (struggling to pay property taxes or mortgage).  Displacement is also a concern, with 26% of all residents/in-commuters reporting they have had to move from their home in the past five years when they did not want to—a higher proportion than the 20% who said they had been displaced in the 2016 housing needs survey. Again, renters (along with minority and low-income residents) are disproportionately impacted with 43% saying they had to move then they didn’t want to in the past five years. The most common reasons for displacement include inability to pay rent/mortgage due to job or income loss, landlords selling the rental unit, rent/property tax increases, and change in household size.  Most renters (60%) who responded to the survey want to buy a home in the Estes Valley but are unsure if they will be able to due to expected challenges in finding an affordable home (84%), affording down payments (56%), and not being able to compete with other buyers in the market (43%). Seasonal workers:  On average, seasonal workers typically find their housing from online listings (30%) or through their employer (27%). Of those who live in employer-provided housing, 48% live in Estes rent-free during employment, 17% are on a 6-month lease and 20% have shorter (month-to-month or 3-month) leases.  Nearly three in four seasonal workers (72%) have considered living in Estes year-round but have not done so because they have family or friends elsewhere (49%), cannot find a permanent job in the area (40%), or cannot find year-round housing (27%). ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 3 Seasonal/Second Homeowners:  Nearly half (46%) of second homeowners bought their property in the Estes Valley primarily because they plan to retire in Estes. Over half (56%) or current second homeowners indicated that they have plans to live in Estes full-time in the future.  Seasonal/second homeowners are most likely to use their property for personal reasons in the summer and fall, with about one-third living in their home for the duration of the season.  Half of second homeowner respondents choose not to lease their property when they are not using it, 27% lease as a short-term rental, and the remaining 33% lease as a month-to-month or three-month rental (most commonly in the winter months.  Among those that do not currently lease, most (76%) say they would not consider leasing, citing reasons such as desire for flexible/personal use, HOA/Town restrictions on renting, or concerns about property damage. Stakeholders:  Gaps in housing and social service needs have become increasingly burdensome on year-round residents and workers in the Estes Valley. Rising housing and rental prices, low vacancy rates, and underfunded social service programs have exacerbated these needs—specifically vulnerable populations struggling to find market rate housing.  Overcrowding of existing housing units was identified as a key concern among housing and service providers. They attribute such overcrowding to a lack of both availability and affordability of units and note that this trend disproportionately impacts service workers, Hispanic residents, and households with undocumented members.  Economic development representatives and business owners in the Valley are acutely concerned about housing for workers which created material barriers to employee recruitment and retention. A number of employers have even purchased homes/apartments to rent to their employees, and others provide rental assistance and/or rent their personal homes to their employees.  Stakeholders emphasized the importance of Estes establishing a year-round economy (independent of visitation) but also acknowledge that housing solutions in the Valley will have to address housing needs for seasonal workforce in addition to long-term housing for permanent residents/workers.  Residential developers highlighted infrastructure costs and land availability as barriers to attainable housing development and encouraged the Town to pursue public-private partnerships for affordable and workforce development (e.g., incentives, subsidies, etc. for affordable production). ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 4 Resident and In-commuter Survey Respondents This section reports survey results from respondents who identified as year-round residents of the Estes Valley (i.e., residents) or non-seasonal workers who are employed in the Estes Valley but live elsewhere (i.e., in-commuters). Respondent profile. As shown in Figure IV-1, the demographic profile of resident survey respondents is similar to resident demographics overall (discussed in detail in Section I of this report). Renters, racial/ethnic minority groups, and households with children have slightly higher representation in the survey results than in the Valley overall. Compared to resident respondents, in-commuters in the Estes Valley are younger, more likely to be employed full-time, and less likely to be homeowners. The majority of in- commuters live in Loveland (26%) and Windsor (19%). Fort Collins, Longmont, and Boulder are also popular locations among in-commuters in the Estes Valley. Figure IV-1. Respondent Profile Note: N=602 Source: Root Policy Research from the Eses Valley 2022 Housing Survey. Residents In- Commuters Total Respondents/Population 543 59 11,761 Household income $0 up to $50,000 29% 24% 41% $50,000 up to $75,000 23% 27% 15% $75,000 up to $150,000 36% 39% 31% $150,000 or more 12% 10% 13% Age 18 to 35 years 20% 30% 15% 35 to 64 years 49% 63% 43% 65 years or older 31% 7% 31% Tenure Homeowner 63% 47% 77% Renter 31% 21% 23% Staying with friends or family 6% 17% n/a Camping or living in RV 0% 8% n/a Property caretaker 0% 8% n/a Race/Ethnicity Non-Hispanic White 72% 53% 84% Hispanic/Latino 22% 32% 10% Non-Hispanic Minority 5% 15% 5% Household composition With Children under 18 33% 40% 13% Without Children under 18 67% 60% 87% Survey Respondents Estes Valley Demographics (Report Section I) ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 5 Housing choice. This section explores year-round residents’ and in-commuters’ housing preferences, choices, and experience with the housing market in the Estes Valley. Where applicable, survey data are reported by respondent and household characteristics (e.g., income, demographics, age). Most important factors in choosing current home. Figure IV-2 shows the importance of various factors respondents considered when choosing their current home or apartment. Respondents rated the importance of each factor on a scale of 1 to 9, where 1 means “not at all important” and 9 means “extremely important.” Figure IV-2. How important are the following factors when choosing your current home or apartment? Note: n=598. Source: Root Policy Research from the Estes Valley 2022 Housing Survey. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 6 Cost was the most important factor for both residents and in-commuters, followed by liking the type of home, safety (low crime), and proximity to parks and open space. In-commuters appear to place a higher priority on proximity to work than residents; in actuality this simply reflects the fact that in-commuters are more likely to be working-age than residents as a whole. Working age residents place a similar level of importance on proximity to work (6.7). Figure IV-3 shows responses to the same question by various resident characteristics (tenure, income, age, and race/ethnicity). Each group’s top three factors are highlighted in green.  Respondents from almost all groups prioritized cost/affordability, liking the type of home/apartment, and low crime as a top factors when choosing their home.  Residents under the age of 35 prioritized proximity to work or job opportunities higher than other groups. Those aged 35 years to 55 years also indicated a preference for job proximity, while those older than 55 years prioritized proximity to health care services and facilities. This is likely due to higher retirement rates among those 55 years and older and a greater need for health care services.  Hispanic respondents’ average ratings placed housing factors in a similar order but with less differentiation than non-Hispanic white respondents: average ratings ranged from 5.0 to 6.8 from bottom to top for Hispanic residents but from 2.3 to 8.0 for non- Hispanic white respondents.  Lower income groups place a lower value housing type and on proximity to amenities (open space, grocery, entertainment and healthcare) than higher income groups. This likely signals a tolerance for finding an available, affordable option even if it doesn’t meet their other preferences. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 7 Figure IV-3. How important are the following factors when choosing your current home or apartment? By Respondent Characteristics Note: Data are represented as average importance rating. N=542. Source: Root Policy Research from the Estes Valley 2022 Housing Survey. Housing factors Owners Renters Under 35 years 35 to 54 years 55 or older $0 up to $50,000 $50,000 up to $75,000 $75,000 or more Non- Hispanic White Hispanic or Latino Cost/I can afford it 7.5 7.7 7.8 7.3 7.4 7.9 7.8 7.1 7.6 8.0 6.7 Like the type of home or apartment 7.1 7.6 6.4 6.6 6.9 7.5 6.6 6.8 7.5 7.3 6.8 Low crime/safe 6.9 7.2 6.4 6.3 7.0 7.1 6.8 6.8 6.9 7.0 6.8 Close to parks, open space, or outdoor rec.6.5 7.0 5.7 6.5 6.1 6.5 6.2 5.9 6.8 6.6 6.5 Close to grocery or pharmacy 5.7 6.1 5.0 5.8 5.9 5.9 5.6 5.3 5.7 5.6 6.1 Allows pets 5.7 5.6 6.0 6.0 6.7 5.3 6.1 6.0 5.5 5.8 5.7 Close to health care facilities and services 5.6 5.9 4.8 5.5 5.5 5.9 5.4 5.2 5.6 5.4 6.1 Close to work or job opportunities 5.5 5.1 6.1 6.8 6.7 4.6 6.1 5.7 5.3 5.4 6.4 Close to restaurants, entertainment, shopping 5.2 5.5 4.6 5.5 5.4 5.3 5.0 4.7 5.4 4.9 6.0 Close to family/friends 4.6 4.6 4.2 5.5 5.2 3.9 4.5 4.3 4.6 4.2 5.5 Has accessibility improvements 3.8 3.9 3.4 4.4 4.4 3.4 3.9 3.9 3.7 3.4 5.0 Landlord takes Section 8 3.1 2.7 3.3 4.4 4.2 2.0 3.5 3.3 2.8 2.3 5.5 Tenure Age Household Income Race/Ethnicity All Residents ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 8 In-commuter housing choice. Estes Valley in-commuters were asked to share their if they had considered living in the Estes Valley when looking for their current housing. Most in-commuters did consider the Estes Valley (83%) but chose to live elsewhere for a variety of reasons, most commonly affordability, availability, or quality of housing (see Figure IV-4). Figure IV-4. When you were looking for your current housing, did you consider living in the Estes Valley? Note: N = 54. Source: Root Policy Research from the Estes Valley 2022 Housing Survey. The 17% of in-commuters who did not consider living in Estes indicated a preference for an urban environment, having family or friends elsewhere, or the lack of affordable options in the Estes Valley. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 9 Housing challenges. Year-round residents and in-commuters reviewed a list of common housing challenges and were asked to indicate if they have or are experiencing these challenges. Overall, 31% survey respondents indicated that they have not experienced any common housing challenge—homeowners and residents over the age of 75 were the most likely groups to indicate they had no housing challenges (50% and 58%, respectively). Nearly one in four respondents (24%) noted that their greatest housing challenge was concern over rent increases. Struggling to pay current rent and/or mortgage payments (18%) was also a top concern. Responses from residents and in-commuters are presented in Figure IV-5; other groups are shown in Figure IV-6. Figure IV-5. Do you face any of these challenges in your housing situation? Note: n=437 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 10 Primary findings from cross tabulation analyses (shown in Figure IV-6) include:  Homeowners are less likely to experience housing challenges in Estes. For owners who did report housing challenges, the most common concerns were size of home (not big enough and affordability (struggling to pay property taxes or mortgage).  Most renters (70%) are concerned about rent increases and nearly half of renter respondents (47%) worry that their landlord will either sell their home or convert it to a short-term rental (40%).  Racial and ethnic minority groups are much more likely than non-Hispanic White respondents to experience housing challenges. Top concerns among Hispanic respondents were rent increases and landlords selling or converting the home to short-term rentals.  Hispanic respondents and low income respondents were more likely than any other group to want to move in order to live with fewer people. Other engagement efforts also indicate these groups are “overcrowding” in order to afford housing.  Hispanic/Latino residents (33%) and non-Hispanic minorities (28%) disproportionately experience challenges in finding/keeping housing that meets their family’s needs. Only 10% of non-Hispanic residents reported that their home is not big enough for their family members. Open ended responses by residents shed additional light on specific concerns:  “I worry if we ever had to move we couldn’t find housing in Estes and I would be forced to quit my job and uproot my family to live elsewhere.”  “I am OK now but worry that as taxes & insurance rise (increasing my mortgage payment) & cost of living increases I may not be able to afford to continue to live in Estes Park.”  “I have issues covering the costs of keeping my house in good repair and finding craftsmen to do the work.”  “Worried they might prefer renting to someone making more but doesn’t work in Estes (remote work).” ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 11 Figure IV-6. Do you face any of these challenges in your housing situation? Note: N=510 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. Housing challenges Owners Renters Under 35 years 35 to 54 years 55 years or older $0 up to $50,000 $50,000 up to $75,000 $75,000 or more Non- Hispanic White Hispanic or Latino None of the challenges listed 32% 50% 7% 5% 17% 58% 14% 25% 44% 43% 8% At least one housing challenge: 68% 50% 93% 95% 83% 42% 86% 75% 56% 57% 92% I worry about my rent going up to an amount I can't afford 24% 3% 70% 40% 32% 13% 47% 22% 12% 21% 35% I struggle to pay my rent/mortgage 18% 11% 33% 24% 28% 9% 30% 16% 12% 17% 25% I worry about my landlord selling the home 18% 2% 47% 31% 25% 8% 33% 17% 8% 15% 34% I struggle to pay my utilities 16% 9% 27% 16% 23% 12% 24% 14% 11% 17% 15% I worry about my landlord converting the home to a short term rental 16% 3% 40% 27% 19% 8% 29% 16% 7% 12% 29% My home isn't big enough for my family members 16% 13% 18% 21% 26% 5% 12% 18% 16% 10% 30% Other housing challenge 14% 12% 18% 10% 15% 18% 22% 16% 10% 18% 9% I want to get my own place/live with fewer people, but I can't afford it 13% 2% 35% 30% 16% 6% 25% 13% 6% 11% 23% I need help taking care of myself/my home and can't find or afford to hire someone 11% 11% 6% 15% 14% 7% 9% 15% 11% 7% 20% I struggle to pay my property taxes 9% 12% 2% 7% 13% 5% 8% 9% 8% 8% 5% I worry that if I request a repair my rent will go up 9% 1% 25% 11% 12% 7% 21% 8% 3% 7% 13% I am afraid I may get evicted or kicked out 9% 2% 19% 15% 11% 5% 14% 10% 4% 5% 21% I'm worried about my home going into foreclosure 5% 4% 4% 8% 7% 3% 7% 5% 4% 3% 6% I struggle to pay my HOA dues 5% 6% 1% 5% 3% 5% 5% 6% 4% 3% 8% I have a disability and can't find an accessible place to live 3% 1% 3% 6% 3% 1% 5% 5% 2% 2% 9% Tenure Age Household Income Race/Ethnicity All Residents ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 12 Displacement and experience looking for housing. This section explores recent experiences with displacement (having to move when you did not want to move) and experiencing looking for housing in Estes Park.. Displacement. In the past five years, 26% of year-round residents and in-commuters have had to move from their home or apartment in the past five years when they did not want to—a higher proportion than the 20% who said they were displaced in the 2016 Housing Needs Survey.1 Respondents who are younger (under 35), identify as a racial/ethnic minority, have low incomes (less than $50,000) are the most likely groups to have been displaced. Renters are much more likely to be displaced than owners. Figure IV-7. Percent of Respondents Displaced in the Past Five Years Note: N=130 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. Older residents in the Estes Valley are significantly more likely to have not moved in the past five years—66% of residents aged 55 to 74 years and three in four respondents (75%) over the age of 75 have not moved in five years. These trends provide important insight on town and city planning for young residents looking to start families in the Estes Valley and seniors hoping to age in place. This is similar to displacement among renters and owners. Only 12% of owners responded that they had moved when they did not want to compared to 43% of renters—a difference 1 According to the 2016 HNA, 20% of residents overall (32% of renters and 9% of owners) were evicted or forced to move from their home or apartment when they did not want to. Top reasons for displacement in 2016 included rental conversations (e.g., short-term and vacation rentals), owners moving into previously rented homes, and flood damage. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 13 of thirty-one percentage points. Reasons for displacement among owners and renters vary as well. Most owners cited inability to pay rent/mortgage due to job or income loss (34%), change in household size (29%), and an increase in property taxes (23%) as reasons for displacement. Renters, on the other hand, identified reasons related to landlords such as the unit being sold (38%), rental unit conversions from long-term to short-term rentals (22%), owners not committing to a long-term lease (21%). Difficulty finding housing. Survey respondents were also asked about their experience finding affordable housing that meets their household’s needs in the Estes Valley. Note that existing owners are excluded from this analysis as most have been in their current home for an extended period and their experience may not reflect current market conditions. Two-thirds of Estes Valley renters and half of Estes-Valley in-commuters said it was “very difficult” to find housing that meets their needs in the Estes Valley. Fewer than one in ten said it was either “somewhat easy” or “very easy” to find housing meeting their needs. Figure IV-8. What is your experience with finding housing that meets your needs in the Estes Valley? Note: N=555 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. Renter desire to own. Most year-round Estes renters (60%) want to buy a home but are unsure if they will be able to, primarily due to affordability and availability concerns in the for-sale market:  86% of renters said finding a home in their price range is the greatest challenge they will likely face in buying a home in the Estes Valley;  Over half (56%) anticipate not being able to afford a down payment; and  43% of respondents believe that homes are selling too fast in Estes and worry that they won’t be able to compete with other buyers. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 14 Figure IV-9. Renter Desire to Purchase a Home Note: n=146 and n=111 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. For renters who anticipate challenges not provided on the survey, important comments include:  “Straight up availability!!!”  “The quality of homes in an affordable price range are highly lacking.”  “There’s also not a very strong guarantee of a secure job which would allow me to maintain a mortgage.” ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 15 Seasonal Worker Survey Respondents This section of the report analyzes survey responses collected from seasonal workers in the Estes Valley, their housing situations during employment, experience with finding housing, and plans to transition to full-time residence. Respondent profile. Seasonal workers in the Estes Valley are often young (half of respondents are under the age of 35), from lower to middle-income households, and rent seasonally when they are working in Estes. Seasonal workers were also more likely than permanent resident respondents to identify as a racial/ethnic minority group (58% identified as Hispanic and 23% identified as a non-Hispanic minority). Most seasonal workers in Estes Park work in the area for six months or less during the year and live in other parts of Colorado when they are not working/living in the Estes Valley. Figure IV-10. Respondent Profile Note: N=112 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. Finding housing. Seasonal workers are most likely to find their housing online (30%) or through their employers (27%). Brokers and realtors also play a significant role in finding seasonal housing. Three percent of seasonal workers indicated living in their car, camper, or RV. Seasonal Worker Respondents Seasonal workers 112 Household income $0 up to $50,000 47% $50,000 up to $75,000 24% $75,000 up to $150,000 28% $150,000 or more 1% Age Under 35 years 51% 35 to 54 years 41% 55 years or older 8% Race/Ethnicity Non-Hispanic White 20% Hispanic/Latino 58% Non-Hispanic Minority 23% Months per year in Estes 1 to 4 months 23% 5 or 6 months 39% 7 to 9 months 31% 10 or 11 months 8% ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 16 Figure IV-11. How do you find your housing in the Estes Valley? Note: N=107 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. Of those who find housing from their employers, nearly half (48%) live in the Estes Valley rent-free during employment and 17% sign a 6-month lease. Another 20% have shorter leases (month-to-month or 3 months). Figure IV-12. If housing is provided by your employer, what is your lease type? Note: N=29 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. Only 4% think finding housing in Estes is “very difficult,” compared to 69% of permanent resident renters in the Estes Valley. This is driven in part, by employer provided housing, but also the seasonality of the rental market in the Valley. Figure IV-13. What is your experience finding housing that meets your seasonal needs in the Estes Valley? Note: N=106 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 17 Full-time residence. Most seasonal workers (72%) have considered living in the Estes Valley full time, as shown in Figure IV-14. About half chose not to live in the Estes Valley due to relationships elsewhere and 40% said they could not find a permanent job in the are. Housing availability is also a driver—27% said they chose not to live in the Valley because they could not find year-round housing. Figure IV-14. Have you considered living in the Estes Valley year-round? Note: N=70 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 18 Second Homeowner Survey Respondents This section focuses on seasonal homeowners in the Estes Valley—those who own a home in the valley but do not live there full-time. Respondent profile. Seasonal and second homeowners in Estes tend to be older (between 55 and 74 years old), higher income, and non-Hispanic White. On average, seasonal owners have had their second/seasonal home for 14 years. Figure IV-15. Respondent profile Note: N=161 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. Motivation for purchase. Nearly half of seasonal respondents (46%) indicated that primary motivation for buying their house in Estes was they “plan to retire and live full-time in Estes.” This is followed by 35% of seasonal residents who bought to have a place to get away/vacation. Only 12% bought their second home specifically as an investment property. Seasonal & 2nd Homeowners Seasonal/second homeowners 161 Household income $0 up to $50,000 18% $50,000 up to $75,000 14% $75,000 up to $150,000 40% $150,000 or more 29% Age Under 35 years 14% 35 to 54 years 25% 55 years or older 61% Race/Ethnicity Non-Hispanic White 58% Hispanic or Latino 30% Non-Hispanic Minority 12% Households Composition With Children under 18 44% Without Children under 18 56% Figure IV-16. What was your primary motivation for buying in the Estes Valley? Note: N=151. Source: Root Policy Research from the Estes Valley 2022 Housing Survey. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 19 Property usage. Seasonal and second homeowners were asked how often and during which seasons they use their home in the Estes Valley and if they lease their property when they are not in Estes. Blue and green bars in the figure represent variations on personal use; gray bars show variations of non-personal use. All types of use—particularly personal use—are highest in the summer and fall months while winter has the lowest use. About one-third of seasonal homeowners live in their Estes Park home for the entire season in summer and fall. Figure IV-17. About how often do you or your family use your property in each season? Note: n=92 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. As shown in Figure IV-18 (on the following page), half of seasonal owners do not lease their home when not using it, about 27% lease as a short-term rental, and another 33% lease it as a month-to-month or three-month rental (most commonly in the winter months). Among those who do not currently lease, most (76%) say they are not interested in leasing citing reasons such as desire for flexible personal use, HOA/Town restrictions, or concerns about property damage. Comments included:  “We want to be able to use our home spontaneously whenever we want, not be limited to when renters are using it.”  “I would like to do short-term rentals but aren’t allowed due to my zoning district and lack of permit.” ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 20  “Too many horror stories about lease outs or rentals. Just not worth the trouble for a home we love.” Figure IV-18. When you are not using your home in Estes, do you lease it out? Note: N=150. Source: Root Policy Research from the 2022 Housing Survey. Respondents who do not currently (but have considered) leasing their residence also provided insight on why they would lease. Frequently cited reasons include addressing Estes’ affordable housing shortage and earning a second income while avoiding home idle time. Future plans. As noted previously, nearly half of respondents (46%) indicated that their primary motivation in buying their Estes Valley home was they “plan to retire and live full- time in Estes.” When asked specifically about their future plans, more than half of all seasonal owners (regardless of their original purchase motivation), plan to transition from seasonal residence to full-time residence in the future. Only 17% do not have plans to live in Estes full-time while one in four second homeowners are unsure. (27%). Figure IV-19. Do you have future plans to live in Estes Park full-time? Note: N=149 Source: Root Policy Research from the Estes Valley 2022 Housing Survey. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 21 Estes Valley Stakeholder Perspectives Community engagement for the Estes Valley Housing Needs Assessment included extensive outreach efforts to community stakeholders. A list of stakeholder participants was consolidated by Town staff and contacted by email to participate in virtual interviews on housing needs, workforce needs, development, and housing market trends in the Estes Valley. Interviews were conducted in September and October 2022. Participants represented a wide range of groups and stakeholders with experience in economic development, housing and social services, and housing development. The following section summarizes the main findings from engagement efforts. Housing and Social Service Needs. Gaps in housing and social service needs have become increasingly burdensome on year-round residents and workers in the Estes Valley. Rising housing and rental prices, low vacancy rates, and underfunded social service programs have exacerbated these needs—specifically vulnerable populations struggling to find market rate housing. Housing supply. The greatest housing need in Estes is increasing the Valley’s inventory of reasonably priced housing. Stakeholders believe that housing inventory has progressively worsened in the past five years and many perceive affording housing in the Estes Valley as nearly impossible for year-round residents and families to attain. Housing supply trends and challenges noted by stakeholders include:  Supply of housing—specifically rentals—is lowest in the spring and beginning of summer. Stakeholder perception is that in recent years, landlords and property owners have changed lease terms from 12 months to 6 months. In peak seasons, many landlords increase rent by 20% to 30%.  Strong demand for vacation homes and retirement homes puts significant pressure on the housing market and prices making it difficult for young families and workers to access homeownership. Stakeholders indicate there is substantial unmet demand for homes priced around (and below) $300,000, which is well-below current market prices. Workforce housing needs. Stakeholders provided in-depth information on year-round and seasonal workforce needs. Nearly all stakeholders agree that preserving and retaining the Estes Valley’s young workforce is vital to the Estes Valley’s long-term success. Without meaning full action to address workforce housing and needs, Estes will continue to lose its young population and fail to meet the needs of its older population. Overall sentiments shared by stakeholders include:  There is high demand for rentals among year-round and seasonal workers, especially in the spring and summer. Housing is easier to find in the fall and early winter when visitation decreases, however, many seasonal workers leave Estes during this time. General consensus among industry groups seems to be that Estes needs to improve ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 22 its inventory of seasonal worker housing such that workers have housing in peak season that does not displace permanent residents..  Wages do not match housing and rental prices in Estes. Housing prices have risen faster than wage and many workers do not make enough money to enter homeownership. In fact, it is hardest to house early- and mid-career professionals as they are less likely to have accumulated wealth and equity.  Stakeholders recommend that the Town address seasonal worker housing needs through employer partnerships and seasonal housing. Recommendations for addressing non-seasonal workforce included deed restrictions, rental assistance, and innovative solutions to match supply and demand. Undocumented residents. Stakeholders indicated that households with undocumented residents (and those in the process of documentation) are particularly vulnerable to housing challenges. Many property owners and management companies require documentation for application approval and often the options available to residents without documentation are underserviced, overcrowded, or in poor condition. Residents lacking documentation are particularly vulnerable when properties are sold (if that results in a change in rental requirements) and typically do not seek public assistance or publicly supported housing options. Persons experiencing homelessness. There is a general perception that housing for persons experiencing homeless has progressively worsened, especially for those who struggle and/or are hesitant to access Estes’ resources and services. Many stakeholders attributed this trend to the lack of attention and priority the Town has placed on homeless people and capacity constraints. In fact, ”hidden homeless” has increased in recent years, with more residents couch surfing or living in their cars. Residents with a criminal or eviction history may be at higher risk of homelessness as they are often excluded from rental opportunities. Mental health services. Social service providers in Estes Park highlighted a need for additional mental health services to improve household stability. Stakeholders highlighted mental health service needs specifically for people experiencing homelessness and housing instability, children in overcrowded households, and low-income families. Displacement mitigation. Year-round residents have increasingly faced challenges of residential displacement, especially undocumented residents and low-income residents that cannot keep up with rising housing and rental costs. Many stakeholders emphasized the importance of prioritizing young workers as essential to the Estes Valley. Specific displacement challenges highlighted by stakeholders include: ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 23 Barriers to Economic Development. Economic development in the Estes Valley is largely reliant on its seasonal economy and visitation. Estes Valley stakeholders spoke to the importance of establishing a year-round economy independent of visitation. Barriers to becoming a year-round economy include rental prices and inventory which have a significant impact on employers’ ability to recruit and retain employees, as well as consistent loss of workforce being priced out of the community. In recent years, employers have struggled to recruit and retain employees due to the housing market in Estes and the lack of available and affordable apartments. These challenges have been exacerbated by the increase in retirees and second homeowners, the COVID-19 pandemic, and business closures. To ensure their business is not understaffed during peak seasons, some employers have begun buying apartment complexes/units or renting their home to their employees who cannot find housing. Employers have also engaged in alternative housing solutions such as offering direct rental assistance/aid. Many employers have anecdotes of potential employees rejecting job offers because they were unable to find housing or childcare. For employees who do decide to relocate to the Estes Valley for work, employers often struggle to keep their workers longer than 3 to 5 years, especially young employees looking to settle down, start families, and/or transition to homeownership. Barriers to residential development. Stakeholders identified various barriers to development of both affordable units and workforce housing in the Estes Valley:  Infrastructure uncertainties. Infrastructure can be extremely costly in mountain communities and the uncertainty associated with both cost and implementation can create delays in housing production increase risk for developers.  Land limitations. The Estes Valley’s lack of developable land has also slowed housing production and made it more difficult to identify affordable housing solutions. Despite the aforementioned barriers, stakeholders did commend the Town for addressing some previous barriers including prohibitive zoning codes and incentives for affordable development. Stakeholder recommendations. Stakeholder provided numerous recommendations and solutions for housing, workforce, and social service needs. Stakeholder recommendations to address social service needs (that could increase housing stability) include: ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 24  Provide increased funding to non-profit organizations and service providers that work with people experiencing housing instability, residents with a mental illness, and homeless residents.  Establish social service programs and outreach/advocacy positions. Stakeholders mentioned that Estes needs to increase its services and capacity. Increased capacity would allow for more programs such as providing transportation to shelters or agencies providing on-site case management.  Follow Evergreen’s model and approach to homelessness: consider establishing overnight shelters during cold weather seasons and programs that provide temporary housing while residents pursue workforce development training.  Expand the circle of care from day-to-day services to programs and services that address long-term challenges, specifically mental health and addiction treatment. This is especially important for residents who will likely face challenges when they leave shelters or temporary housing situations. Stakeholder recommendations to address affordable housing gaps and barriers to residential development include:  Support income-restricted workforce housing to prevent displacement and ensure that housing is affordable and attainable for low-income families and workers.  Use lodging tax revenue to expand workforce housing and repurpose older buildings into dorms for workers and seasonal renters.  Increase rental assistance/aid while working towards achieving realistic housing price points.  Focus on public-private partnerships and developer incentives to increase the supply of workforce housing. Specific suggestions include building partnerships with developers, donating land, tax/fees forgiveness, and other incentives. Developers also noted that subsidizing infrastructure is more valuable than a land donation (both reduce cost but infrastructure provision would also reduce uncertainty).  Identify displacement prevention policies including potential incentivizes for property owners to preserve existing naturally occurring affordable housing.  Determine incentives for year-round residents and/or second homeowners to build and lease Accessory Dwelling Units (ADUs). Incentives could include waiving fees for individual developments or incentives for property owners to lease their homes as long-term rentals rather than seasonal rentals. ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 25  Begin a “Mortgage Matching” program that provides temporary housing to young working adults while saving up for down payments for a home. This program would help individuals build equity while saving money to transition into homeownership without worrying about housing costs.  Funding for housing needs to focus on deed restrictions, converting old buildings and units, purchasing properties outright, water subsidizes and more rental assistance.  Work towards building a self-sufficient, independent community and economy reliant on year-round residents and workers rather than the seasonal workforce and in- commuters. Stakeholder recommendations related to implementation and oversight include:  Consider a housing board or task force to monitor housing investments and strategies.  Ensure transparency by tracking affordable/workforce housing goals, progress, and investments and clearly communicating milestones with residents. APPENDIX A. UPDATE ON 2016 RECOMMENDATIONS ROOT POLICY RESEARCH, WILLIFORD, AND OPS STRATEGIES APPENDIX A, PAGE 1 APPENDIX A. Update on 2016 Recommendations Since the 2016 Housing Needs Assessment, the Town of Estes Park and the Estes Park Housing Authority have made good progress implementing several of the recommendations of that report. Many of these strategies have been implemented relatively recently and are ongoing. The table below provides a status update, and links those actions to the recommendations of this plan. 2016 Housing Needs Assessment Recommendations Current Status Forward Looking Recommendations - Crosswalk to 2023 Action Plan Allocate the resources needed to make workforce housing a priority with a commitment to figure out “how” to build homes, not “if” workforce housing should be built. Community now focused on “how.” Continue community engagement – focused on implementation specifics. (2023 Action #17) Immediately initiate work on the development of additional rental units that are scattered throughout neighborhoods in the community (accessory units), on site as part of commercial/institutional developments, and in apartment complexes. Create diversity in the rental inventory in unit type, location and income targeting. Code updates regarding accessory complete. Ensure the success of rental projects that are in the predevelopment stages (2023 Action #5) Add additional incentives that support creating accessory dwelling units. (2023 Action #9) Seek new development and preservation of buildings to serve a broader range of local workforce households. (2023 Action #1-10) Pursue the development of additional ownership housing immediately, though only consider condominiums in unique situations like the downtown area and provided that mortgage financing is approved for the units. Townhomes, duplexes and single-family homes in neighborhoods with the amenities desirable by families should be a high priority. Wildfire in process. Cultivate additional new homeownership development opportunities. (2023 Action #5,6) Pursue Missing Middle Strategic Plan. (2023 Action #13) Provide gap funding for homeownership affordable to local workforce. (2023 Action #14) ROOT POLICY RESEARCH, WILLIFORD, AND OPS STRATEGIES APPENDIX A, PAGE 2 Create opportunities to effectively use limited land and financial resources for workforce housing. Several land use code updates have been implemented that address this recommendation including linkage, ADUs, STRs, and density bonus in RM zone. Ensure the success of a local dedicated funding source, and build capacity and program guidelines to deploy it quickly and effectively. (2023 Action #11) Seek additional opportunities to zone for affordability. Very little land in Estes allows for efficient construction of apartments and townhouses. (2023 Action #13) EPHA to lead land acquisition efforts. (2023 Action #7) Work with employers on use of land and buildings for employee housing. (2023 Action #8) Develop deed restrictions that can be applied uniformly to ownership housing for the workforce and that include employment requirements. Some deed restrictions put in place through new density bonus. Develop a comprehensive set of guidelines to create consistent expectations for community members, developers, funders, and compliance staff. Create a database for compliance and online portal for applications. (2023 Action #19) Engage the community, build momentum and develop capacity to implement strategies over the long term. Current community engagement is focused on Comp Plan update, Housing Needs Assessment Update, and Lodging Tax Ballot Initiative. Continue community engagement, education, and outreach on broad housing topics and specific project and policy initiatives. (2023 Action #17) Additional staff capacity will be needed at the Town, Housing Authority, and/or partner non-profits if the community desires to increase workforce housing production over historic levels. (2023 Action #18) Learn from other communities Ongoing. EPHA has recently done a listening tour on best practices for compliance management. Ongoing. Complete deed restriction compliance survey with CAST members. Continue to learn from peer communities. (2023 Action #18-19) Page 116 GENERAL PUBLIC COMMENT RECEIVED 2023-01-24