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HomeMy WebLinkAboutAttachment 4 - Resolution 27-25 Request for Proposals Services to Develop the Town’s 2045 Parks & Open Spaces Master Plan Estes Park, CO 80517 Wednesday, January 8, 2025 Brian Berg Parks Division Supervisor Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 E-mail: bberg@estes.org Proposals due by 2:00 PM MST Friday, January 31, 2025 2 RFP – 2045 Parks & Open Spaces Master Plan Development TABLE OF CONTENTS I. INTRODUCTION ....................................................................................................... 4 Project Summary ....................................................................................................... 4 Project Funding……………………………………………………………………………..4 Proposal Schedule .................................................................................................... 5 Proposal Documents ................................................................................................. 6 Mandatory Pre-Proposal Meeting & Written Questions ............................................. 7 Addenda to RFP ........................................................................................................ 7 II. PROJECT OVERVIEW ............................................................................................ 8 Project Description………………………………………………………………………….8 Scope of Services ..................................................................................................... 9 Professional Services, Time & Fees…………………………………………………….24 Method of Payment……………………………………………………………………….24 Use of Subconsultants……………………………………………………………………24 Award of Contract…………………………………………………………………………24 Material Ownership………………………………………………………………………..25 Term of Contract…………………………………………………………………………..25 III. INSTRUCTIONS TO PROPOSERS ....................................................................... 25 Organization of Proposal…………………………………………………………………25 Proposal Submission ............................................................................................... 26 Proprietary Information……………………………………………………………………26 Rejection of Proposal……………………………………………………………………..27 Use of Subconsultants……………………………………………………………………27 Disadvantaged Business Enterprise (DBE)…………………………………………….27 Insurance Requirements………………………………………………………………….27 Proposal Review, Evaluation & Selection Process .................................................. 27 Selection Criteria ..................................................................................................... 28 General Requirements ............................................................................................ 29 Site Parameters……………………………………………………………………………29 Deliverables…………………………………………………………………………..……29 Town Representatives……………………………………………………………………29 Project Schedule…………………………………………………………………………..30 Supplemental Consultant Guidelines……………………………………………………30 Protest Procedures .................................................................................................. 31 3 RFP – 2045 Parks & Open Spaces Master Plan Development IV. EXHIBITS ............................................................................................................... 33 Exhibit 1 | Town of Estes Park Acceptance of Conditions Statement Exhibit 2 | Consultant’s Personnel and Subconsultant Listing Exhibit 3 | Town of Estes Park Reference Authorization and Release Form Exhibit 4 | Town of Estes Park Professional Services Agreement (sample) Exhibit 5 | Existing Master Plans V. APPENDICES ............................................................ SEPARATE ATTACHMENTS 1. Estes Park Plant List Final (06/2017) 2. Estes Trails Plan Map (Future Opportunities) 3. Estes Valley Open Space Plan 4. Estes Valley Trails Plan 5. Estes Valley Trails Plan Appendices 6. Estes Valley Trails Plan Maps 7. Knoll-Willows Master Plan (02/2023) 8. Thumb Open Space Management Plan 9. Estes Park Downtown Plan 10. Mrs Walsh’s Garden Master Plan 11. Environmental Sustainability Task Force Final Report 12. Stanley Park Master Plan 13. Estes Park 2045 Multi-Modal Transportation Plan 4 RFP – 2045 Parks & Open Spaces Master Plan Development I. INTRODUCTION PROJECT SUMMARY The Town of Estes Park (Town/TOEP) seeks proposals from qualified consultants and/or consulting teams with expertise in landscape architecture/design, urban planning, ecology, recreational planning, geographic information systems planning, engineering, and community engagement. These disciplines are primary though not all-inclusive of the expertise necessary to develop and create a comprehensive Parks & Open Spaces Master Plan for the TOEP. The successful consultant or consultant team will have demonstrated expertise in the completion of projects with the similar size and scope as outlined in this RFP. The successful consultant shall enter into a contract with the TOEP for complete professional services including, but not limited to, the following: 1. Existing Inventory Assessment 2. Community Engagement 3. Needs Analysis 4. Vision and Planning a. Cost and Prioritization of Projects b. Phased Implementation Plan This Parks & Open Spaces Master Plan will provide a roadmap for the TOEP to improve our existing spaces while developing new areas for the next 20+ years. More details will be provided in the Scope of Work section. P ROJECT FUNDING This project will be funded by TOEP’s Parks Division General Fund Operating Budget. The identified budget for this project is $150,000. If a Proposer believes the scope of work outlined below is greater than the budgeted amount, the proposal for the outlined work should still be submitted. The Town will use this information to determine if the scope of work needs to be modified or if additional funding needs to be allocated. 5 RFP – 2045 Parks & Open Spaces Master Plan Development PRO JECT SCHEDULE The following is the solicitation schedule for Proposers: Event Start Date End Date Request for Proposals (RFP) Advertisement Wednesday, January 8, 2025 Wednesday, January 8, 2025 Pre-Proposal Meeting – Mandatory, Virtual (11:00AM MST) Wednesday, January 15, 2025 Wednesday, January 15, 2025 Deadline for Questions (5:00PM MST) Wednesday, January 22, 2025 Wednesday, January 22, 2025 Final Addenda Issued Friday, January 24, 2025 Friday, January 24, 2025 Proposals Due (2:00 PM MDT) Friday, January 31, 2025 Friday, January 31, 2025 Proposal Evaluation, Interviews, and Fee Negotiation Monday, February 3, 2025 Wednesday, February 26, 2025 Contract Preparation Wednesday, February 26, 2025 Thursday, March 27, 2025 Contract Execution Friday, March 28, 2025 Monday, April 7, 2025 Notice of Award/Declination Friday, March 28, 2025 Monday, April 7, 2025 Town Board Approval (tentative) Tuesday, April 8, 2025 Tuesday, April 8, 2025 Notice to Proceed (Anticipated) Wednesday, April 9, 2025 Friday, April 11, 2025 Phase 1 (Proposed by Town, subject to Consultant input) (2 months duration) Monday, April 21, 2025 Friday, June 13, 2025 Project Kick-Off Meeting Monday, April 21, 2025 Friday, April 25, 2025 Phase 1 – Inventory Assessment Monday, April 21, 2025 Friday, May16, 2025 Phases 2 & 3 (Proposed by Town, subject to Consultant input) (3 months duration) Monday, June 16, 2025 Friday, September 5, 2025 Phase 2/3 – Community Engagement (Public meeting/workshop) Monday, June 16, 2025 Friday, June 20, 2025 Phase 2/3 – Community Engagement (Focus Group) Monday, July 14, 2025 Friday, July 18, 2025 Phase 2/3 – Community Engagement (Preliminary Master Plan presentation to the Town Board at a Study Session Tuesday, September 9, 2025 Tuesday, September 9, 2025 Phase 4 (Proposed by Town, subject to Consultant input) (3 months duration) Monday, September 15, 2025 Friday, December 5, 2025 Phase 4 – Vision/Planning (Public meeting/workshop) Monday, September 15, 2025 Friday, September 19, 2025 Phase 4 – Vision/Planning (Focus Group) Monday, October 13, 2025 Friday, October 17, 2025 Phase 4 – Vision/Planning (Final Master Plan presentation to the Town Board at a Study Session Tuesday, November 25, 2025 Tuesday, November 25, 2025 Final Master Plan presentation for approval by the Town Board at a public meeting Tuesday, January 13, 2026 Tuesday, January 13, 2026 6 RFP – 2045 Parks & Open Spaces Master Plan Development The timelines identified above for Phases 1-4 are target dates set by the Town. If the consultant team believes this is not a realistic timeframe, please provide a more attainable timeline. PROPOSAL DOCUMENTS RFPs document can be obtained through Rocky Mountain E-Purchasing System (RMEPS/BidNet) at www.rockymountainbidsystem.com or found on the Town’s website at https://estespark.colorado.gov/rfp. The Town of Estes Park, Colorado, will receive sealed proposals for Design Services for the 2045 Parks & Open Spaces Master Plan until 2:00 PM MST Friday, January 31, 2025. Bids may be submitted via one of the following methods: 1. BidNet: Response to the solicitation on Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com); or 2. Email to Brian Berg, Parks Supervisor (bberg@estes.org); or Hand-delivered or late proposals will not be accepted or considered. The Bidding Documents are available on www.rockymountainbidsystem.com and on the Town’s website at www.estes.org/rfp. Interested bidders are responsible for verifying receipt of all applicable documentation, including any associated addenda. The TOEP cannot guarantee accurate information obtained from sources other than BidNet. M ANDATORY PRE -PROPOSAL MEETING & WRITTEN QUESTIONS A Mandatory PRE-PROPOSAL CONFERENCE will be held VIRTUALLY at 11:00 (MST) on Wednesday, January 15, 2025. The Town will use the Google Meet conferencing platform: Video call link: https://meet.google.com/gkh-mhpa-fbd Or dial: 5115-585-+1 505(US) PIN: 221 687 462# As this meeting will be held virtually, prospective Proposers are encouraged to visit the Town as their schedules permits in advance of the meeting to gain a further understanding of all existing conditions relating to the project. All comments, questions/answers and clarifications during this pre-proposal meeting will be summarized and distributed (via BidNet and the Town website) in the form of an addendum. Prospective Proposers may also submit any additional written inquiries concerning the requirements of this solicitation to Brian Berg via BidNet or e-mail 7 RFP – 2045 Parks & Open Spaces Master Plan Development (bberg@estes.org) by 5:00 PM (MST) on Wednesday, January 22, 2025. Prospective Proposers are reminded that any changes to the RFP will be by written addenda only and nothing stated verbally shall change or qualify in any way any of the provisions in the RFP and shall not be binding on the TOEP. P ROPOSER COMMUNICATION & REQUESTS All correspondence, communication and/or contact in regard to any aspect of this RFP shall be with the TOEP representative identified below. Town of Estes Park Brian Berg, Parks Supervisor Phone: 970-577-3783 Email: bberg@estes.org Prospective Consultants and their representatives shall not make any contact or communicate with any members of the TOEP, other than Brian Berg, Parks Supervisor, regarding any aspect of this RFP. At any time during this procurement, up to the time specified in “Proposal Schedule,” prospective Consultants may submit a request for a clarification or interpretation of any aspect or requirement of the RFP. All questions and subsequent answers will be included in addendum documentation. If it should appear to a prospective Consultant that the scope under the contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or contract documents, or that any conflict or discrepancy exists between different parts thereof or with any Federal, State, or local law, ordinance, rule, regulation, or other standard or requirement, then the Proposer shall submit a written request for clarification to the TOEP within the time period specified above. ADDENDA TO RFP The TOEP reserves the right to amend the RFP at any time. Any amendments to or interpretations of the RFP shall be described in written addenda. The TOEP shall post addenda for prospective Consultants to access through BidNet and on the Town’s website. It is the responsibility of prospective Consultants to access all addenda. All addenda issued shall become part of the RFP. If the TOEP determines that the addenda may require significant changes in the preparation of proposals, the deadline for submitting the proposals may be postponed by the number of days that the TOEP determines will allow Proposers sufficient time to revise their proposals. Any new due date shall be included in the addenda. 8 RFP – 2045 Parks & Open Spaces Master Plan Development II. PROJECT OVERVIEW P ROJECT D ESCRIPTION The Town currently has the following open spaces, parks, amenities, etc that are to be evaluated and included as part of the Parks and Open Spaces Master Plan: • There are nine (9) conservation easements (see list in Appendix 14 – Conservation Easements) owned by the Town and held by the Estes Valley Land Trust, including: o Thumb Open Space and Centennial Open Space at Knoll-Willows recreation easements o A native plant garden (aka. Mrs. Walsh’s Garden). • The Town maintains three (3) parks and seven (7) pocket parks: Parks Pocket Parks • Bond • Tregent • George Hix Riverside Plaza • Weist • Performance • Peacock • Women’s Monument/Children’s • Veteran’s Monument • Big Thompson Recreation Area • Riverwalk • The Town maintains seven (7) trails: • Dry Gulch • MacGregor • Hwy 34 • Hwy 7 • Fish Creek • Elkhorn • Wonderview • 26 irrigation systems. • 28 bronze sculptures, plus all bronze at the Women’s Monument and Veterans Monument • 20 bronze benches. • All wildlife trash receptacles. • Downtown street trees and right-of-way trees within the Town’s Street network. • 2 playgrounds and 1 climbing rock. • Scott Ponds Natural Area and the Fish Hatchery property. Over the past decade, the Town has relied on numerous master plans to guide the decisions affecting the various outdoor spaces. The existing master plans will need to be reviewed to help form the comprehensive 2045 Parks & Open Spaces Master Plan. 9 RFP – 2045 Parks & Open Spaces Master Plan Development The following plans are included as separate appendices from this Request for Proposal: • Estes Valley Open Space Plan • Stanley Park Master Plan • Estes Park Downtown Plan • Estes Valley Master Trails Plan • Mrs. Walsh’s Garden Master Plan • Knoll-Willows Master Plan • Environmental Sustainability Task Force Final Report • Thumb Open Space Management Plan • 2045 Multimodal Transportation Plan Additionally, the Parks Division is responsible for the following: • Maintain all landscapes at Town-owned buildings within the General Fund Operating Budget. • Noxious weed program for all Town-owned land and easements. (Appendix 1 - Estes Park Plant List Final (06/2017) • Downtown annual floral program: 20,000 annuals in 54 beds and 134 containers. • Maintenance of all trees within public road rights of way • Snow removal on all trails and Town-owned sidewalks. This 2045 Parks & Open Spaces Master Plan will also need to offer suggestions relating to future growth needs such as staffing, equipment, buildings, outdoor yard storage needed to execute the future maintenance and expansion obligations. S COPE OF S ERVICES The purpose of this section is to provide qualified Consultants with the needed information to enable them to prepare and submit a proposal for the development of the Parks & Open Spaces Master Plan. The TOEP seeks proposals from qualified consultants and/or consulting teams with expertise in landscape architecture/design, urban planning, ecology, recreational planning, geographic information systems planning, engineering, and community engagement. These disciplines are primary though not all-inclusive of the expertise necessary to develop and create a comprehensive 2045 Parks & Open Spaces Master Plan for the TOEP. The successful design firm or team will have expertise in and all consulting disciplines necessary to complete the project in conformance with all regulations of Federal, State and Town criteria and requirements. The preliminary fee proposal of the awarded Consultant may need to use an allowance for these services until more details are known about the extent of these services. If 10 RFP – 2045 Parks & Open Spaces Master Plan Development necessary, any changes to the estimated scope and fee for these services will be negotiated and then documented via change order. The successful Consultant shall enter into a contract with the TOEP for complete professional services to include the following phases: 1. Existing Inventory Assessment 2. Community Engagement 3. Needs Analysis 4. Vision and Planning a. Prioritization of Projects b. Phased Implementation Plan 1. EXISTING INVENTORY ASSESSMENT The Inventory and Assessment phase of a Parks & Open Spaces Master Plan is foundational. It involves collecting and analyzing data on existing conditions to understand the current state of parks, recreational facilities, and open spaces. • Data Collection: o Parks Inventory: ▪ Locations, sizes, and types of parks (e.g., neighborhood/pocket, community, regional). ▪ Features and amenities (e.g., playgrounds, natural climbing walls, trails, restrooms, picnic areas). o Open Space and Natural Areas: ▪ Undeveloped or conserved areas. ▪ Trails, greenways, wetlands, and wildlife habitats. • Physical Conditions Assessment: o Condition of Amenities: ▪ Structural integrity of equipment, and infrastructure. ▪ Maintenance levels and safety issues. o Accessibility: ▪ Compliance with the Americans with Disabilities Act (ADA). • Identify and evaluate existing sinks/faucets o Identify any deficient locations ▪ Physical connectivity to neighborhoods and other community spaces. o Usage Patterns: ▪ Popularity of specific parks and amenities. ▪ Peak usage times and frequency. 11 RFP – 2045 Parks & Open Spaces Master Plan Development • Environmental Analysis: o Ecosystem Health: ▪ Vegetation and wildlife diversity. ▪ Soil quality and erosion issues. o Water Resources: ▪ Condition of ponds, rivers, or streams. ▪ Stormwater management systems and flood risks. o Sustainability Practices: ▪ Existing renewable energy use or conservation efforts. ▪ Opportunities for green infrastructure improvements. • Demographic and Community Analysis: o Demographics: Age distribution, population density, and cultural diversity. o Equity in Access: Distribution of parks relative to underserved neighborhoods. Identify any gaps in service or lack of facilities in specific areas. o Community Input: Feedback on current satisfaction levels with parks and open spaces. Identification of unmet needs or desires. • Benchmarking: o National or State Standards: Compare against benchmarks like NRPA (National Recreation and Park Association) guidelines. o Peer Communities: Identify how similar-sized towns manage their parks and open spaces. • Mapping and GIS Analysis: o Park Locations: Spatial distribution and proximity to residential areas. o Connectivity: Trails, pathways, and transportation links. o Environmental Features: Green corridors, flood zones, and natural barriers. Phase 1 Deliverables: • Conduct Inventory Assessment. • Detailed written reports, including SWOT analysis. • Maps and visual aids (e.g., heat maps, accessibility diagrams). • Recommendations for the next phase of planning (e.g., addressing gaps or prioritizing improvements). 1. COMMUNITY ENGAGEMENT Community engagement is a critical part of developing a Parks & Open Spaces Master Plan. It ensures that the plan reflects the needs, preferences, and values of the community while fostering a sense of ownership and participation. By involving the community through diverse, inclusive, and transparent processes, the engagement phase builds trust and ensures the Parks & Open Spaces Master Plan is aligned with the community's vision and needs. • Set goals for community engagement: o Identifying community needs and priorities. 12 RFP – 2045 Parks & Open Spaces Master Plan Development o Gathering input on specific projects or initiatives. o Building consensus and support for the master plan. • Work with Town staff to identify the following stakeholders: o Residents: Individuals and families who use the parks and open spaces. o Local Organizations: Schools, climbing clubs, running and biking clubs, environmental groups, and civic organizations. o Business Community: Local businesses and developers that might benefit from or contribute to parks and open spaces. o Government and Agencies: Town officials, Estes Valley Land Trust, Estes Valley Recreation & Park District (EVRPD), planning departments, and regional organizations. o Underrepresented Groups: Ensure inclusion of voices often left out, such as low-income families, seniors, or people with disabilities. • Design engagement activities with various avenues for community involvement and broad participation: o Public Meetings and Open Houses: Host informational sessions to share project goals and gather feedback. Use interactive elements like idea boards, mapping exercises, or polls. o Workshops or Focus Groups: ▪ Discussions on topics like park design (irrigated turf, playgrounds, furniture, paths, landscaping, WIFI access, etc.), accessibility, or sustainability. ▪ Activities like visioning exercises or design charrettes to generate ideas. ▪ Small, diverse groups to explore detailed topics or unique needs. o Surveys and Questionnaires: Distribute online, in print, or through social media to collect input on preferences, needs, and satisfaction levels. o Online/Website presence: Accessibility to current draft, progress updates and online feedback capabilities. • Tools and technologies to make engagement accessible and interactive: o Digital platforms: ▪ Online surveys (e.g., Google Forms, SurveyMonkey). ▪ Interactive mapping tools for residents to mark areas they use or want improved. ▪ Virtual Town Halls for broader reach. o Social Media: Use platforms like Facebook, Instagram, or Twitter (X) for updates and feedback. o GIS and Visual Tools: Share maps and visualizations to make data more relatable. o Mobile Apps: Apps that allow users to provide feedback directly while visiting parks. • Collect and analyze input: o Data Compilation: Summarize quantitative data (e.g., survey results, meeting attendance). Organize qualitative data (e.g., comments, suggestions, concerns). 13 RFP – 2045 Parks & Open Spaces Master Plan Development o Thematic Analysis: Identify recurring themes, such as demand for certain amenities or concerns about maintenance. o Equity Analysis: Assess whether feedback represents the full spectrum of the community. • Communicate back to the community: o Transparency: Share findings and demonstrate how input is being incorporated into the plan. o Updates: Provide regular progress reports through newsletters, websites, or social media. o Final Presentation: Host a session to present the draft plan and gather final feedback. • Adapt the process for accessibility: o Language Access Plan (LAP): Provide materials in multiple languages (English, Spanish). o Time and location: Schedule events at various times and accessible locations to accommodate different schedules. o ADA compliance: Ensure all engagement activities are accessible to individuals with disabilities. Phase 2 Deliverables: • One (1) Public Meeting/Workshop. • One (1) Focus Group meeting. • Preliminary data report including: • Community involvement participation metrics including counts of meeting attendees, survey responses, or workshop participants. • Diversity of input to demonstrate representation across demographic and geographic areas. • Report of how community input will influence priorities and decisions in the master plan. • Comprehensive report of results from community engagement efforts. 2. NEEDS ANALYSIS • Culminates in a report that serves as a foundation for the next phases of the master plan, including prioritizing projects, allocating resources, and developing an implementation strategy. This ensures that the master plan addresses both current challenges and future opportunities. • Evaluates the community's current and future requirements for parks, recreational facilities, and open spaces. This process ensures that planning efforts address gaps, prioritize resources, and align with residents' preferences and the town’s growth trajectory. • Defines the purpose of the Needs Analysis: 14 RFP – 2045 Parks & Open Spaces Master Plan Development o Identifies gaps in existing park services. o Assesses recreational trends and community desires. o Plans for future population growth or demographic shifts. • Data Collection. Gathers quantitative and qualitative data from various sources: o Community Input: Feedback from public engagement activities (e.g., surveys, meetings, focus groups). Resident preferences for activities, facilities, and amenities. o Facility Usage Data: Park visitation rates, facility reservations, and program participation. o Demographic Data: Current and projected population, age distribution, income levels, and cultural diversity. o Industry Standards: Benchmarks like the National Recreation and Park Association (NRPA) guidelines for park acreage per capita or facility ratios. • Assesses current inventory and accessibility: o Geographic Distribution: Evaluate the spatial location of parks and open spaces using GIS mapping. Identify underserved areas or gaps in accessibility. o Parks Quality and Suitability: Assess whether existing parks meet the needs of diverse user groups (e.g., families, seniors, youth, athletes). o Equity and Inclusion: Determine whether all residents have equitable access to parks and programs, including underserved or marginalized communities. o Facility Conditions: Identify outdated, underused, or overburdened facilities. • Trends Analysis: o Local Trends: Activities or programs in high demand, such as pickleball (EVRPD), dog parks (EVRPD), pocket parks, or nature trails. o Regional and National Trends: Emerging recreational activities or sustainable design practices. o Health and Wellness: Increasing interest in fitness, mental health benefits, and outdoor activities. o Environmental Trends: Interest in conservation, green infrastructure, and climate resilience. • Gap Analysis: o Quantitative Gaps: Calculate deficiencies based on standards (e.g., park acreage per 1,000 residents, miles of trails, etc.). o Qualitative Gaps: Analyze feedback for missing amenities (e.g., shade structures, splash pads). o Service Gaps: Identify unmet needs for specific groups, such as seniors, teens, visitors, special needs, or low-income families. • Future Needs Projection: o Population Growth: Use demographic forecasts to estimate future demand for parks and facilities. o Shifting Demographics: Address potential needs arising from aging populations or increased diversity. 15 RFP – 2045 Parks & Open Spaces Master Plan Development o Development Patterns: Consider how land-use changes or urban expansion might impact park planning. o Planning for Parks Division Growth. • Prioritization of Needs: o Community Input: Prioritize based on what residents value most. o Cost and Feasibility: Weigh the financial and logistical feasibility of addressing each need. o Impact: Focus on projects or improvements with the greatest benefit to the community. Phase 3 Deliverables: • Conduct Needs Analysis (can be incorporated in Phase 2 above). • Recommendations. Develop actionable strategies to address the identified needs: o Facility Improvements: Upgrade or renovate existing parks and recreational facilities. o New Facilities: Propose locations and types of new parks or amenities. o Policy Changes: Suggest policies to enhance park access, equity, and sustainability. • Maps and Graphics. Show gaps in service areas, park distribution, and projected growth. • Comprehensive report of key findings and recommendations. • Provide community feedback to ensure the public understands how their input influenced the analyses. • One (1) Town Board Study Session meeting. 3. VISION AND PLANNING • Provide a strategic and inspiring blueprint that guides the development, management, and sustainability of parks and open spaces. Ensure that the master plan reflects the community’s values while setting realistic pathways for implementation. Establish the Vision Statement that defines the long -term aspirations for the town's parks and open spaces. o Collaborative development drafted through input from stakeholders, community members, and project leaders. o Focus areas that reflect the community's values, such as sustainability, accessibility, recreation, or ecological preservation. • Define goals and objectives: o Set SMART goals (Specific, Measurable, Attainable, Realistic, Time-frame) to achieve the vision. o Separate goals into measurable steps. • Develop planning principles to guide and inform the decision-making process: o Equity: Ensure that parks and open spaces are distributed fairly across neighborhoods. o Sustainability: Integrate environmentally friendly practices, such as green infrastructure. 16 RFP – 2045 Parks & Open Spaces Master Plan Development o Community Engagement: Maintain ongoing communication with residents throughout implementation. • Create a framework for the typing of parks and open spaces Define the desired types, roles, and functions: o Park Hierarchy: ▪ Neighborhood or Pocket Parks: Serve nearby residents with basic amenities. ▪ Community Parks: Offer broader amenities like sports facilities or event spaces. ▪ Regional Parks: Large spaces with unique features attracting visitors. o Specialized Spaces: ▪ Nature reserves, greenways, trails, or urban plazas. • Prioritize key projects and improvements: o High-Priority Projects: Address immediate needs, such as repairing a playground, building a trail, or upgrading aging parks. o Phased Implementation: Plan long-term projects based on budget, land acquisition, or resource availability. • Establish design guidelines: o Design Criteria: All designs shall be developed considering, but not limited to, the following criteria. These criteria are to be used as guidelines in the development of the project and are not intended to be all-encompassing or conclusive in all design respects. The successful Consultant(s) will be encouraged to expand on the criteria in order to produce the best possible design within the constraints of the program, the construction budget, the confines of the site, and the space program, while conforming to the desired performance of the project. Achieving superior design quality regarding building aesthetics, materials, and construction is one of the Town’s major objectives for this project. Proposers must demonstrate previous successful projects in this regard. It is the Town’s desire for the design to provide efficient and appealing structural elements for the Parks & Open Spaces Master Plan. The Town encourages innovative designs, utilizing pre- engineered building components in creative combinations to provide for both interior and exterior aesthetic innovation while meeting the needs of the program. Each design scheme presented to the TOEP for consideration shall be accompanied by an Opinion of Probable Construction Costs (OPCC) to assist with evaluation of the schemes. The useful design life for the proposed buildings is recognized to be 50 years or more. o Estes Park Character: The facilities and project designs shall be required to be in conformance with Town regulations and with TOEP’s natural setting. It is important that the Parks & Open Space Master Plan promotes compatibility with its surroundings and establishes sustainable building standards. 17 RFP – 2045 Parks & Open Spaces Master Plan Development o Accessibility: The project shall be universally designed with products and environments to be usable by all people, to the extent possible, without the need for adaptation or specialized design. The accessibility of the project shall meet all adopted regulations that govern the design and construction including the latest addition of ANSI A117.1 identifying the technical guidelines for accessibility as well as the current Americans with Disabilities Act (ADA) rules outlining the accessibility requirements. These improvements are intended to serve people of all ages and abilities. o Utilities Site Design Criteria: The project could require improvements to the utilities and the site to serve the project. These improvements may be needed on the site itself but may also require utility improvements off -site. The Consultant will be required to submit a site plan consisting of existing and proposed new utilities, existing buildings/property lines, and a grading/drainage plan. The TOEP has communicated with electric, water, gas, and sewer utilities companies to identify any existing conditions or concerns to be addressed. Include any maps or diagrams of exi sting utilities. Topographic maps can be provided of specific locations , if requested by the Consultant. Consultant shall assist the Town in determining the best alternative for the Town regarding site development constraints and utility requirements. Upon resolution of these issues , the Consultant shall assist the Town with any agreements that will be required between the Town and the utility providers and design the improvements for inclusion in the civil site bid documents. o Environmental Criteria, Plans and Policies: The Consultant team shall meet or exceed all environmental requirements that govern the design and proposed work. The design will require approval from all agencies that may have jurisdiction over the work. This may include , but not be limited to, the Town of Estes Park, Larimer County, and the State of Colorado. The Town will require that the Consultant’s proposed team have the expertise to recognize all these requirements and include the work necessary in the proposal to get the projects approved with all agencies having jurisdiction and approval authority over the work. Ensure that local plans align with zoning regulations, housing policies, and economic development plans. Any plans must be compatible with broader environmental and recreational goals at the regional or state levels. The Consultant team must work with Town staff to help identify any state, federal or private funding opportunities. • Create Connectivity and Integration Plans to ensure that parks and open spaces are connected and integrated with the broader community: o Trails and Greenways: Develop systems that link parks, schools, neighborhoods, and civic spaces. 18 RFP – 2045 Parks & Open Spaces Master Plan Development o Transportation: Improve pedestrian, bicycle, and public transit access to parks. • Engage stakeholders. Involve the community, Town Staff, and other identified stakeholders to refine the vision: o Workshops and Feedback Sessions: Validate goals and objectives with community input. o Advisory Committees: Consult with representatives from various interest groups for balanced perspectives. • Scenario Planning and Modeling to explore various approaches to achieve the vision: o Scenario Development: Present multiple planning scenarios with varying priorities or resource allocations. o Evaluation: Assess scenarios based on criteria like cost, impact, or feasibility. a. Prioritization of Projects • Establish Evaluation Criteria to rank projects based on clear and measurable input: o Community Impact: ▪ Number of residents served or affected. ▪ Alignment with community needs and preferences (e.g., survey results, public feedback). o Equity: ▪ Address gaps in service or access, especially for underserved populations. o Environmental Impact: ▪ Projects that protect or enhance natural resources, such as wetlands or wildlife habitats. o Feasibility: ▪ Assess the technical, logistical, or regulatory challenges of a project. o Estimated costs: ▪ Projects with high value relative to their cost. • Categorize projects based on focus or purpose: o Maintenance and Repairs: Immediate upgrades or safety fixes for existing facilities. o New Developments: Creation of new parks and trails. o Renovations and Expansions: Improvements to existing parks or adding new features. 19 RFP – 2045 Parks & Open Spaces Master Plan Development o Conservation Initiatives: Preservation of natural areas or sustainability projects. • Align with community needs and vision to ensure priorities reflect the plan’s vision and needs of the community: o Community Input: Use results from surveys, workshops, and focus groups to understand public priorities. o Vision Alignment: Focus on projects that support overarching goals, such as sustainability, accessibility, or connectivity. • Cost Analysis and Budgeting to evaluate the financial aspects for each project: o Cost Estimates: Initial costs for design, construction, and implementation. o Funding Availability: Identify current funding sources (e.g., grants, bonds, partnerships). o Lifecycle Costs: Consider long-term maintenance and operational expenses. • Timeframe and Urgency: o Immediate Needs: Address safety concerns or failing infrastructure. o Short-Term Projects: Projects that can be completed quickly with available resources. o Long-Term Projects: Large-scale or complex initiatives that require more planning or phased implementation. • Feasibility and Readiness to determine how prepared the Town is to execute each project: o Land Availability: Ensure required land or easements are secured. o Permits and Approvals: Evaluate regulatory hurdles or environmental assessments. o Partnership Opportunities: Determine if partnerships (e.g., with nonprofits or developers) can support a project. o Grant Funding Opportunities: Identify grants or other options to assist in the funding for these projects. • Equity and Accessibility considerations to ensure all residents have access to parks and open spaces: o Underserved Communities: Prioritize projects in areas with limited park access or amenities. o ADA Compliance: Address accessibility upgrades to meet Americans with Disabilities Act (ADA) standards. o Geographic Balance: Ensure equitable distribution of projects across the town. 20 RFP – 2045 Parks & Open Spaces Master Plan Development • Environmental and Sustainability factors determine the benefits or impacts these projects will have on the environment: o Sustainability Goals: Projects that incorporate green infrastructure, renewable energy, or conservation efforts. o Climate Resilience: Address flooding, cold/heat tolerances, or other climate-related challenges. • Connectivity and Integration of how each project will contribute to the overall park and open space system. o Trail and Greenway Connectivity: Prioritize projects that link parks, neighborhoods, and civic spaces. o Integration with Other Plans: Ensure projects align with broader municipal or regional plans, such as transportation or housing initiatives. • Scoring and Ranking. Assign numerical scores or qualitative rankings to projects based on the evaluation criteria. Use decision-making tools like weighted scoring matrices to compare projects across multiple factors. b. Phased Implementation Plan • Organizes projects identified in the Parks & Open Spaces Master Plan into manageable stages based on priority, feasibility, and available resources. o This ensures a logical and sustainable progression of projects over time, aligning with the Town’s goals, budget, and capacity. o By organizing projects into phases, the Town can achieve a steady and manageable progression toward its vision for parks and open spaces. This approach ensures that high-priority needs are met first while laying the groundwork for future developments in a strategic, community-focused, and financially sustainable way. • Defines Phases of Implementation. Projects are divided into phases based on urgency, complexity, and readiness: o Immediate (Year 1-2): High-priority projects that address critical needs (e.g., safety improvements, urgent repairs). Projects offering "quick wins" that demonstrate progress and build public support. o Short-Term (Year 3-5): Projects with moderate complexity that require some planning or resource allocation. o Medium-Term (Year 6-10): Larger projects or those requiring significant funding or collaboration. o Long-Term (10+ Years): Complex, resource-intensive projects requiring extensive planning, partnerships, or phased construction. • Prioritizing Projects by Phase: 21 RFP – 2045 Parks & Open Spaces Master Plan Development o Urgency: Addressing safety concerns, regulatory compliance, or failing infrastructure. o Community Impact: Prioritize projects with high public demand or broad benefits. o Funding Availability: Align projects with current or anticipated funding sources. o Readiness: Projects with completed designs, land secured, or necessary approvals in place. o Dependencies: Consider if one project depends on another being completed first (e.g., a new trail connecting two future parks). • Developing Cost Estimates and Funding Strategies: o Cost Estimates: Include design, construction, permitting, and maintenance costs. o Funding Sources: Identify grants, bonds, public-private partnerships, or impact fees to support each phase. o Budgeting: Balance annual budgets and cash flow to ensure financial feasibility. • Outlining Tasks and Milestones to create detailed tasks and milestones for each project phase: o Key Activities: e.g., land acquisition, design and engineering, permitting, construction, and public engagement. o Milestones: e.g., completing design by a specific date, securing funding, and breaking ground on construction. • Assigning Roles and Responsibilities to clarify who is responsible for each phase and task: o Town Staff: Oversee project management, landscape design, community engagement, and permitting. o Consultants: Handle specialized tasks like engineering or environmental assessments. o Stakeholders: Include community organizations, local businesses, and regional partners for collaboration. o Volunteers: Engage community members in projects like tree planting or trail maintenance. • Addressing Maintenance and Operations to plan for ongoing maintenance and operational needs for each phase : o Lifecycle Costs: Include staffing, equipment, repairs, and recurring maintenance costs. o Operational Readiness: Ensure parks and facilities are ready for use immediately upon completion. o Future staffing needs. 22 RFP – 2045 Parks & Open Spaces Master Plan Development o Future building, yard space, storage, and equipment needs. • Monitoring and Evaluation to develop a process to track progress and evaluate overcome for each phase: o Progress Tracking: Use performance metrics, such as project completion rates or budget adherence. o Evaluation: Assess whether completed projects meet community needs and goals. o Feedback Loops: Gather input from stakeholders and adjust future phases based on results. • Communicating with Stakeholders to keep the community and stakeholders informed throughout implementation: o Updates: Share timelines, progress reports, and success stories through town meetings, newsletters, or social media. o Transparency: Provide clear explanations for delays or changes to the plan. o Celebrations: Host ribbon-cutting ceremonies or public events to mark project completions. • Scheduling Phased Rollout to develop a timeline that balances resources and capacity: o Avoid Overlapping Projects: Schedule projects to prevent resource and staff strain or community disruptions. o Seasonal Considerations: Plan construction or planting during appropriate seasons. o Resource Allocation: Ensure sufficient staff, contractors, and funding are available for each phase. • Reviewing and Updating the Plan: o Regular Reviews: Reassess priorities and progress annually or biannually. o Adapt to New Opportunities: Incorporate new funding, partnerships, or community needs as they arise. o Long-Term Vision: Ensure that phased projects continue to align with the overarching master plan goals. Phase 4 Deliverables: • One (1) Public Meeting/Workshop. • One (1) Focus Group meeting. • Preliminary Draft Master Plan to include the following: o Vision, goals, and objectives. o Conceptual designs and proposed improvements. o Maps and visual aids. o Policy and funding recommendations. 23 RFP – 2045 Parks & Open Spaces Master Plan Development o Comment/Feedback period for community, focus groups, Town staff, other identified stakeholders, experts (planners, environmentalists, engineers, etc.). • Finalized Master Plan to include the following: o Updates/revisions from comment/feedback period. o Finalized vision, goals, and objectives. o Prioritization of projects including methods of ranking system and cost - benefit analysis. o Implementation plan with project description and timelines. o Budgets and Opinions of Probable Costs (OPC). o Strategies for monitoring progress and adapting over time. • One (1) Town Board meeting. Consultant Meetings Project Kick-Off Meeting Consultant to meet with Project Manager and stakeholders to identify needs/wants In-Person Phase 1 – Inventory Assessment Consultant to meet with Project team for site visits and gather necessary information needed for Phase 1 In-Person Phase 2/3 – Community Engagement Public meeting/workshop In-Person Phase 2/3 – Community Engagement Focus Group meeting In-Person Phase 2/3 – Community Engagement Preliminary Master Plan presentation to the Town Board at a Study Session In-Person Phase 4 – Vision/Planning Public meeting/workshop In-Person Phase 4 – Vision/Planning Focus Group meeting In-Person Phase 4 – Vision/Planning Final Master Plan presentation to the Town Board at a Study Session In-Person Meetings will be scheduled in advance with Consultants, and subject to change based on Consultant feedback and input. Focus Group Meetings: 12:00 PM - 2:00 PM MST Public Presentation/Comment: 4:00 PM - 6:00 PM MST Town Board study sessions and public hearing are held on the second and fourth Tuesday of each month, typically between 5pm and 10pm. The Consultant/team should plan for a virtual meeting (phone call or videoconference) with the Town’s Parks Supervisor every other week for progress updates, to address any questions/issues in order to keep project moving in a timely manner. 24 RFP – 2045 Parks & Open Spaces Master Plan Development The Town has a goal for the completed Parks & Open Spaces Master Plan to be presented to the Town Board for approval no later than January 2026. (subject to change based on feedback from selected consultant team) P ROFESSIONAL SERVICES, TIME & FEES Following selection of a Consultant based on qualifications, experience, and other factors, the TOEP will enter into fee negotiations and then a contract agreement for services. Payments shall not exceed the total contracted value. Subcontracting or specialty designers/engineers shall be line item detailed (Exhibit 2 - Consultant’s Personnel and Subconsultant Listing), and an estimated value identified for fee proposal and initial contract purposes, with final scope and fee approved prior to commencing any work. M ETHOD OF PAYMENT Public Works will process invoices for this project on a monthly basis. The amount of such payment shall be based upon certified progress reports and billing covering the work performed and based upon percentage (%) complete. The invoice will be submitted to the TOEP representative, as identified above, or another designee, for approval. In the event that a new service is requested that is not listed in the proposal and included in the contract, the Consultant and the TOEP will negotiate an appropriate price and document the scope and cost of the service on a Change Order prior to any extra work being done. U SE OF SUBCONSULTANTS The proposing Consultant shall indicate in the proposal any work intended to be performed by subconsultants or persons outside of their firm. The Consultant shall name the subconsultants, if known at the time of proposal submittal. Subconsultants shall be bound to meet the same quality standards and schedules. They will also provide the same level of documentation as described in Instructions to Proposers (III) below. A WARD OF CONTRACT A formal contract will be awarded to the responsive and responsible proposing Consultant whose proposal, conforming to the RFP and according to the selection factors, will be most advantageous to the TOEP. If chosen, the Consultant will enter into an agreement with the TOEP via Exhibit 4 - Professional Services Contract. The executed contract will include a not-to-exceed contract amount. Invoicing shall be based on the Consultant’s hourly rate schedule provided in the proposal and will not exceed the contract amount without a previously approved change order executed with the TOEP and the Consultant. The successful Consultant shall acquire a Town Business License prior to signing the contract. A Town Business License can be obtained through the Town Clerk’s Office at https://www.colorado.gov/pacific/townofestespark/businesslicensing. 25 RFP – 2045 Parks & Open Spaces Master Plan Development M ATERIAL OWNERSHIP All hard copy and electronic material submitted regarding this RFP and the final design documents becomes the property of the TOEP and will only be returned to the Consultant at the TOEP’s option. The TOEP has the right to use any or all ideas presented in reply to this RFP. Disqualification of proposer does not eliminate this right. T ERM OF CONTRACT The term of the contract resulting from this RFP shall be from the date of the executed contract through contract date or final acceptance of the work. The TOEP will generate the Professional Services Contract in accordance with TOEP policy (Exhibit 4 - Professional Services Contract). A contract term that is acceptable for both the TOEP and selected firm would be negotiated upon selection. III. INSTRUCTIONS TO PROPOSERS O RGANIZATION OF THE P ROPOSAL Eligibility to submit a proposal begins with virtual attendance at a mandatory pre-proposal conference which will be held at 11:00AM (MST) Wednesday, January 15, 2025. The proposal shall be organized per the submittal format outlined below. Organization and brevity are appreciated. The sections of the RFP shall be indexed per the seven (7) sections noted below in the submittal format for easy reference. 1) Cover Letter: Identify the Proposer’s name, mailing address, telephone number, and contact person(s). The letter must be signed by the Proposer and should be limited to two (2) pages. 2) Project Approach: Based upon the Scope of Services, project data provided in this RFP, and available supplemental data, provide a narrative description of the work to be accomplished and the firm’s approach to completing the work. Explanation of how each phase of this project will be addressed. The overview should articulate an understanding of the TOEP's needs. The overview should describe the proposed work, and all applicable requirements and should be limited to seven (7) pages. 3) Key Personnel & Firm Qualifications: Include background experience and education for the primary members of the design team. The primary contact for the firm should be clearly defined. It is highly desired that the firm’s project manager has relevant experience in landscape architecture/design, urban planning, ecology, recreational planning, geographic information systems planning, engineering, and community engagement. Identify the specific role and phase of participation anticipated for this project, and highlight the unique elements/qualifications provided to the design team. Provide background information including education, professional titles, related qualifications, specific roles in past projects, and relevant experience. This should be limited to ten (10) pages. 26 RFP – 2045 Parks & Open Spaces Master Plan Development 4) Schedule & Availability: Provide a representative milestone schedule and demonstrate your firm's ability to meet this schedule. Please confirm in writing that your firm or team has the availability to meet this schedule. This should be limited to one (1) page. The project schedule proposed by the Town on page 5 is a target. If the consultant team believes this is not a realistic timeline, please provide a more attainable timeline. 5) Exhibits: Review, complete, sign and date Exhibits 1, 2, and 3 6) Experience & References: Provide a list of at least three (3) previous project references of similar scope completed or begun within the last three (3) years. Include specific information about each project that applies to the experience of your firm relative to this RFP. Provide a list of references for projects that your firm has completed (and, if applicable, at least one (1) of those projects should be for work that any sub-consultants have performed with your firm, collectively as a team).This should be limited to five (5) pages. 7) Project Cost Proposal & Hourly Rate Fee Schedule**: Consultants shall provide a comprehensive summary of the expected cost of this project. Additionally, include the billable cost for each member of the project team (to be used as reference for possible change order cost discussions). P ROPOSAL S UBMISSION All proposals must be submitted to the Parks Supervisor by 2:00 PM (MST) on Friday, January 31, 2025. Proposals must be submitted through one of the following means: A. BidNet: Response to the solicitation on Rocky Mountain E -Purchasing System (www.rockymountainbidsystem.com); or B. Email to Brian Berg, Parks Supervisor (bberg@estes.org) with the subject line: 2045 Parks & Open Spaces Master Plan Proposal HAND-DELIVERED OR LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED. PROPRIETARY INFORMATION All information included in any proposal that is of a proprietary nature must be clearly marked as such. The TOEP shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. In general, it is not acceptable to the TOEP to mark information other than financial data as proprietary without the written authorization from the P ublic Works Director. Failure to adhere to this restriction could result in rejection of the entire proposal. The TOEP has the right to use any or all ideas presented in reply to this RFP. Disqualification of the Proposer does not eliminate this right. 27 RFP – 2045 Parks & Open Spaces Master Plan Development REJECTION OF PROPOSAL The TOEP reserves the right to cancel this RFP; reject any Proposal, in whole or in part; to modify the Scope of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Proposals received, when it is in the Town's best interest to do so. The total cost of proposal preparation, submission, and any travel or accommodations resulting from invitation to interview shall be covered by the Proposer. USE OF SUBCON SULTANTS The proposing firm shall indicate in the proposal any work intended to be performed by subcontractors or persons outside of their firm (e.g., partnering firms, consultants, etc.). The Proposer shall name the partner firms, if known, at the time of proposal submittal. Partners and subcontractors shall be bound to meeting the same quality standards and schedules as the proposing firm. They will also provide the same level of documentation (insurance & business licenses). DISADVANTAGED BUSINESS ENTERPRISE (DBE) The TOEP, in accordance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations (CFR), Department of Transportation (DOT), Part 21, for nondiscrimination in federally-assisted programs, notifies all bidders and proposers that it will affirmatively ensure that, in any contract entered into for this solicitation, disadvantaged business enterprises will be afforded full opportunity to participate in the solicitation process and will not be discriminated against on the grounds of race, color, or national origin. There is no DBE requirement for this project; however, DBE participation is strongly encouraged. INSURANCE REQUIREMENTS Insurance certificates are not required with the proposal but shall be provided by the selected management firm with the signed Professional Services Contract. Specific insurance requirements are outlined in the draft Professional Services Contract (Exhibit 4 - Professional Services Contract). The TOEP must approve the successful firm’s/firm(s) insurance prior to execution of the agreement by the TOEP Board of Trustees. The successful firm shall also acquire a TOEP Business License prior to signing the agreement, at their own expense. P ROPOSAL REVIEW , E VALUATION & SELECTION PROCESS Respondents should submit a comprehensive, but concise , RFP submittal. Failure of the respondents to provide any information requested in this RFP may result in disqualification of the submitted proposal. Submittal Review: The Review Committee shall evaluate and rank proposal submittals based on alignment with the RFP requirements, Submittal Format, Review Criteria, and Fee Proposal/Value. Interviews may be scheduled at TOEP discretion; however, TOEP reserves the right to select a firm based on the proposals only. 28 RFP – 2045 Parks & Open Spaces Master Plan Development Interview of Finalists: At the TOEP’s option, the field will be narrowed to the top responsive Proposers, and they will be invited to interview with the review committee, in a to-be-defined format. The finalists will have approximately one (1) week to prepare their presentation for the committee. Disclaimer: Any Professional Services Agreement is subject to the review and approval of the TOEP Board of Trustees. SELECTION CRITERIA The objective of the Evaluation and Selection Committee will be to evaluate proposals against the criteria set forth here-in: SELECTION CRITERIA Point Value Scope Understanding and Proposed Approach: Approach is clear and concise and addresses this specific project. Understanding of the project location, need, opportunities and challenges in producing design and engineering plans, specs, and estimates for construction. Completeness of approach to perform the Scope of Work expected to be incurred under this project. 20 points Qualifications of Project Staff: Project staff background, education, and experience on similar projects. Qualifications and experience of the Consultant in community-informed design, design phases, bidding, and construction management assistance. 20 points Experience and Client References for Similar Projects: Performance on time, within budget and scope; similar to this project in size and scope. Management qualifications and company capability. Qualifications of the firm in terms of its ability, experience, and reliability in performing and managing work within a schedule and budget. References should be provided for at least three (3) recent clients for whom the firm has performed services similar to the work outlined in the Scope of Services. 20 points Fee Proposal/Value of Services 20 points Adequacy of the Proposal: Completeness and thoroughness of the proposal. Responsive to the RFP. 10 points Availability and Schedule: Availability to perform the project upon Notice to Proceed (if selected) and to complete the work in a timely (reasonable) manner. 10 points Total Points 100 points 29 RFP – 2045 Parks & Open Spaces Master Plan Development Based on the point system, the firms will be ranked in order of their perceived ability to perform the work. The top firms MAY be interviewed; after interviews, points may be recomputed. G ENER A L REQUIREMENTS The successful firm shall: • Have experience in all professional services requested in this RFP, including landscape architecture/design, urban planning, ecology, recreational planning, geographic information systems planning, engineering, and community engagement. • Enter into a contract with the TOEP to provide services to create a Parks & Open Spaces Master Plan. • Provide proof of and maintain insurance coverage for the duration of the contract period as outlined in the TOEP’s Professional Services Agreement • Operate as an independent contractor and will not be considered employee(s) of TOEP. • Be paid on actual invoices as work is completed. S ITE PARAMETERS The selected Consultant will work closely with TOEP staff to develop improvements in a manner that will minimize the impact to the citizens. DELIVERABLES The Consultant shall provide digital copies (PDF, Microsoft Word, Excel, etc.) of the plans, specifications, and cost estimate for review by the TOEP. Plans shall be developed for printing on 11x17 paper at true half -scale. Documents for presentations to stakeholders shall be a minimum of 18x24 if printed. Presentations to stakeholders and/or Community shall be in the form of story boards, visuals, handouts, digital presentations, or other options offered by the proposer. T OWN REPRESENTATIVES The TOEP’s representatives on this project will be Parks Division Supervisor Brian Berg and Project Manager Derek Pastor, both of the Public Works Department. All progress meetings, project review, field meetings, day-to-day work, and project-related contact will be coordinated through the Parks Supervisor. 30 RFP – 2045 Parks & Open Spaces Master Plan Development P ROJECT SCHEDULE The Consultant will provide an updated project schedule at the time of contract execution and shall update the project schedule regularly throughout the design process. The schedule shall identify tasks such as delivery of Plans, Specifications and Estimates (PS&E) at various stages, and delivery of final documents. S UPPLEMENTAL CONSULTANT GUIDELINES A. Preliminary and final designs for this project will be reviewed by the pertinent TOEP staff, which includes the Parks Supervisor, the Project Manager, Parks Division Focus Group, Public Works Director, Community Development, and others. B. Design will primarily use standards from the Town of Estes Park, Larimer County, and State of Colorado. Standards could include, but are not limited to, any combination of the following: American Institute of Architects (AIA), National Society of Professional Engineers (NSPE), Estes Park Development Code (EPDC), Larimer County Urban Area Street Standards (LCUASS), Americans with Disabilities Act (ADA), Public Rights-of-Way Accessibility Guidelines (PROWAG). C. The plan documents will consist of, but not be limited to, the following formats: layout and cover sheet, plan views, profile views, details, sketches, general and detailed construction notes, and construction explanation notes and details. Plans should be suitable for bidding and construction. D. The specification documents will consist of, but not be limited to, the following formats: Special Conditions, Standard Special Provisions, Project Special Provisions. Specifications should be suitable for bidding and construction. E. The Consultant shall submit all calculations necessary for best management practices (BMPs), plan quantities, and other work related to producing the design documents. F. TOEP staff, if available, may provide electronic or paper copies of available plats, utility as-builts, or other related documents upon request. If these documents cannot be provided by TOEP staff, the Consultant shall research and obtain all relevant documents at their own expense. These documents will also become property of the TOEP. G. The Consultant should plan a minimum of eight (8) live/in-person design meetings with TOEP staff and/or stakeholders as outlined above. The Parks Supervisor will work with the Consultant to coordinate and meet with relevant TOEP stakeholders. The Consultant will be responsible for supplying the requested documentation and obtaining approvals. Additionally, the consultant should budget for virtual project coordination meetings every other week with the Parks Supervisor to resolve issues and maintain forward progress on the design effort. 31 RFP – 2045 Parks & Open Spaces Master Plan Development H. Any additional fees for services beyond the outlined scope of work shall be preceded by a Change Order request produced by the Consultant. Approval of any change orders will be required prior to commencement of any additional work. I. Consultant shall collect all survey data in order to complete the design. PROTEST PROCEDURES Any person adversely affected by this solicitation shall file with the Town Clerk, Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517 a Notice of Protest, in writing, at least five (5) calendar days prior to the date on which proposals are to be received. Protests will be considered and responded to in writing prior to the proposal due date of Friday, January 31, 2025. If the protest is sustained, the proposal due date may be delayed, and an addendum issued to modify the due date or cancel the solicitation. If the protest is denied, the proposal due date is upheld, and submissions will be required as originally scheduled. Any person adversely affected by a decision in connection with this solicitation shall file a Formal Written Protest, in writing, within five (5) calendar days of receipt of the decision with the TOEP Parks Division Supervisor. The formal written protest shall state with particularity the facts and law upon which the protest is based. Protesters may not challenge the evaluation criteria or the relative weight of the evaluation criteria or the formula for making an award determination. Upon receipt of a Formal Written Protest that has been filed in a timely manner, the Parks Supervisor shall stop the proposal solicitation process or the award process until the subject of the protest is resolved by mutual agreement or by final action of the TOEP Board of Trustees. The Parks Supervisor shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) working days of receipt of a formal written protest. If the protest is not resolved by mutual agreement within seven (7) working days, the Parks Supervisor and/or the protestor shall refer the protest to: Town Administrator, Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517. The TOEP Board of Trustees will review the protest and the Parks Supervisor‘s decision, and either concur or reverse the decision at the next possible regular meeting of the Town Board. 32 RFP – 2045 Parks & Open Spaces Master Plan Development TOWN OF ESTES PARK Brian Berg Parks Supervisor Town of Estes Park Public Works Department 970-577-3783 bberg@estes.org 33 RFP – 2045 Parks & Open Spaces Master Plan Development IV. EXHIBITS E XHIBIT 1 TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing firm of this Request for Proposal, except as follows: I/we hereby agree to all instructions, terms and conditions, and specifications contained herein. I/we acknowledge receipt of the following Addenda: Proposing Firm: Address: Telephone No. Submitted By: Signature Printed Name Title Date: Attest: Signature Printed Name 34 RFP – 2045 Parks & Open Spaces Master Plan Development E XHIBIT 2 CONSULTANT’S PERSONNEL AND SUBCONSULTANT LISTING Name Role 35 RFP 2045 Parks & Open Spaces Master Plan Development E XHIBIT 3 TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: By: (Proposer) A Corporation A Partnership whose address is An Individual Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems necessary to establish the qualifications, responsibility and financial ability of proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and the Town from any and all liability to proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to the Town. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. By: Printed Name: Title: Date: 36 RFP 2045 Parks & Open Spaces Master Plan Development E XHIBIT 4 TOWN OF ESTES PARK PROFESSIONAL SERVICES CONTRACT (example) PROFESSIONAL SERVICES CONTRACT For the services related to the creation of the 2045 Parks & Open Spaces Master Plan as outlined in the Request for Proposal: • Existing Inventory Assessment • Community Engagement • Needs Analysis • Vision and Planning o Prioritization of Projects o Phased Implementation Plan The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Contractor Name, a Company’s legal entity, whose address is Contractor Address, make this Contract this __________ day of ____________________, 2025, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1. RECITALS: 1. Town desires to use the services of Consultant outlined in Consultant's Proposal; and 2. Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2. CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 37 RFP 2045 Parks & Open Spaces Master Plan Development 1. Change Orders; 2. Notice to Proceed; 3. This Contract; 4. The following Addenda, if any: Number Date Page(s) 5. The following Special Conditions of the Contract, if any: Document Title Page(s) 6. Notice of Award; 7. Request for Proposals, containing XX pages, dated XXX; 8. Consultant's Proposal, containing XX pages, dated XXX; and 9. Insurance Certificates. 3. SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4. BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon receiving Town’s Notice to Proceed. Consultant shall timely perform its Services, according to the Proposal Schedule outlined on page 5 of the Request for Proposal and incorporated into this Contract or as otherwise directed by Town. 5. PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed Contract Price, as the Price for the total Services performed as stipulated in Consultant's Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6. TIME OF PAYMENTS TO THE 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 38 RFP 2045 Parks & Open Spaces Master Plan Development 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: 1. Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 2. Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 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). 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: 1. Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 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. 39 RFP 2045 Parks & Open Spaces Master Plan Development 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. 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. 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. 6. Consultant shall attend such meetings on the work stated in this Contract (Proposal Schedule outlined on page 5 of the Request for Proposal), 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 proposal. 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. 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. 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. 40 RFP 2045 Parks & Open Spaces Master Plan Development 9. TOWN'S DUTIES: 1. Town will provide full information to the Consultant on the Town's requirements in a timely manner. 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. 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. 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. 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. 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 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 41 RFP 2045 Parks & Open Spaces Master Plan Development 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: Brian Berg Parks Division Supervisor 170 Macgregor Ave Estes Park, CO 80517 970-577-3783 bberg@estes.org CONSULTANT: [Enter name, title & address of consultant's authorized rep., 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. 42 RFP 2045 Parks & Open Spaces Master Plan Development 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. 1. Professional Liability/Errors and Omissions for at least $1,000,000. 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. 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. 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. 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. 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. 43 RFP 2045 Parks & Open Spaces Master Plan Development 7. Consultant shall, upon request, provide Town a certified copy of each required policy. 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: Brian Berg, Parks Division Supervisor 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. 9. If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 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. 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. 44 RFP 2045 Parks & Open Spaces Master Plan Development 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. 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: 1. Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 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. 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 45 RFP 2045 Parks & Open Spaces Master Plan Development 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 Wednesday, August 14, 2024, and shall continue through Monday, March 31, 2025 with the option of one (1) additional renewal, based on the construction timeline and construction management assistance needed for the duration of the construction, upon agreement of both parties. 26. TERMINATION: 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. 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. 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 46 RFP 2045 Parks & Open Spaces Master Plan Development 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(s) 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. 47 RFP 2045 Parks & Open Spaces Master Plan Development CONSULTANT By: Date Title: State of ) ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2025, by ______________________________, as _____________________________ of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public TOWN OF ESTES PARK: By: Date Title: State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2025. Witness my hand and official Seal. 48 RFP 2045 Parks & Open Spaces Master Plan Development My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney 49 RFP 2045 Parks & Open Spaces Master Plan Development E XHIBIT 5 The Following Master Plans are included as separate attachments from this RFP: 1. Estes Park Plant List Final (06/2017) 2. Estes Trails Plan Map (Future Opportunities) 3. Estes Valley Open Space Plan 4. Estes Valley Trails Plan 5. Estes Valley Trails Plan Appendices 6. Estes Valley Trails Plan Maps 7. Knoll-Willows Master Plan (02/2023) 8. Thumb Open Space Management Plan 9. Estes Park Downtown Plan 10. Mrs Walsh’s Garden Master Plan 11. Environmental Sustainability Task Force Final Report 12. Stanley Park Master Plan 13. Estes Park 2045 Multi-Modal Transportation Plan 14. Conservation Easements