HomeMy WebLinkAboutResolution 41-25 RFP Design Services for the Big HornRequest for Proposals
Big Horn Parking Structure Design
Big Horn Parking Lot
(SW corner Big Horn Dr / Cleave St)
Estes Park, CO 80517
Tuesday, June 11, 2024
Derek Pastor
Project Manager
Town of Estes Park
170 MacGregor Ave
Estes Park, CO 80517
E-mail: dpastor@estes.org
Proposals due by 2:00 PM MDT
Tuesday, July 9, 2024
ATTACHMENT 4
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TABLE OF CONTENTS
I. INTRODUCTION ....................................................................................................... 4
Project Summary ....................................................................................................... 4
Project Funding……………………………………………………………………………..5
Proposal Schedule .................................................................................................... 5
Proposal Documents ................................................................................................. 6
Mandatory Pre-Proposal Meeting & Written Questions ............................................. 7
Proposer Communication & Requests ...................................................................... 7
Addenda to RFP ........................................................................................................ 8
II. PROJECT OVERVIEW ............................................................................................ 8
Project Description………………………………………………………………………….8
Scope of Services ..................................................................................................... 9
Professional Services, Time & Fees…………………………………………………….17
Method of Payment……………………………………………………………………….17
Use of Subconsultants……………………………………………………………………17
Award of Contract…………………………………………………………………………18
Material Ownership………………………………………………………………………..18
Term of Contract…………………………………………………………………………..18
III. INSTRUCTIONS TO PROPOSERS ....................................................................... 18
Organization of Proposal…………………………………………………………………18
Proposal Submission ............................................................................................... 19
Proprietary Information……………………………………………………………………20
Rejection of Proposal……………………………………………………………………..20
Use of Subconsultants……………………………………………………………………20
Disadvantaged Business Enterprise (DBE)…………………………………………….21
Award of Contract…………………………………………………………………………21
Insurance Requirements………………………………………………………………….21
Proposal Review, Evaluation & Selection Process .................................................. 21
Selection Criteria ..................................................................................................... 22
General Requirements ............................................................................................ 23
Site Parameters……………………………………………………………………………23
Deliverables…………………………………………………………………………..……23
Town Representatives……………………………………………………………………23
Project Schedule…………………………………………………………………………..23
Supplemental Consultant Guidelines……………………………………………………24
Protest Procedures .................................................................................................. 25
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IV. EXHIBITS ............................................................................................................... 27
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 | Maps, Diagrams, Site Plan
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I N TRODUCTION
PROJECT SUMMARY
The Town of Estes Park (TOEP) seeks proposals from qualified consultants and/or
consulting teams with expertise in architecture, civil engineering, surveying, structural and
geotechnical engineering and mechanical, electrical engineering, transportation/ traffic
engineering. These disciplines are primary though not all-inclusive of the expertise
necessary to design, prepare bid documents, and provide construction management
assistance for a new, multi-level parking structure (ground level, plus two (2) additional
parking levels) located on a Town-owned parcel currently used for surface parking and
located at SW corner Big Horn Dr / Cleave St in Estes Park, Colorado 80517. Each level
is expected to contain approximately 14,000 sf and 45 new parking spaces. The
successful consultant or consultant team will have demonstrated expertise in parking
structures and all consulting disciplines necessary to complete the project in conformance
with TOEP development criteria and requirements.
For alternate/additional consideration, the Town has a forward-thinking vision for a
potential fourth level in the future. This uppermost level would be used for Employee
Workforce Housing opportunities. As an alternative/additional request, the TOEP is
seeking a proposal to design this structure so that the superstructure, infrastructure,
utilities accessibility, etc. will be able to support a planned housing development as an
upper deck in the future, including a single elevator and stairway from the ground-floor to
uppermost floor. Designing the housing development itself is not part of this request.
Proposers are to keep this alternative in mind and include a separate proposal for this
request.
The successful consultant shall enter into a contract with the TOEP for complete
professional services including, but not limited to, the following:
1. Community-Informed Design & Programming
2. Schematic Design Development
3. Final Design / Construction Documents
4. Bidding Documents Preparation
5. Construction Management Assistance
More details will be provided in the Scope of Work section.
A central goal of this project is to mitigate the loss of on -street parking associated with
the Cleave Street Improvement Project, which is currently underway and being led by
TOEP Engineering with the assistance of the consulting firm, Kimley-Horn and
Associates. The selected consultant must work in partnership with TOEP Public Works
to engage surrounding business and property owners, employees, residents, and other
local stakeholders to ensure that the project’s footprint yields the maximum number of
parking spaces and incorporates desired design and functional elements, while also
aligning with the character of downtown Estes Park.
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PROJECT FUNDING
This project will be funded by TOEP’s Parking Services Fund with no Federal or State of
Colorado participation.
PROPOSAL SCHEDULE
The following is the solicitation schedule for Proposers:
Request for Proposals (RFP) Advertisement Tuesday, June 11, 2024
Pre-Proposal Meeting – Mandatory, In-Person
(3:30 PM MDT) Tuesday, June 18, 2024
Deadline for Questions (5:00 PM MDT) Tuesday, June 25, 2024
Final Addenda Issued Friday, June 28, 2024
Proposals Due (2:00 PM MDT) Tuesday, July 9, 2024
Proposal Evaluation and Fee Negotiation
Conducted Friday, July 12, 2024
Final Selection Announced Monday, July 22, 2024
Contract Execution Monday, August 12, 2024
Town Board Approval (tentative) Tuesday, August 13, 2024
Consultant Notice to Proceed (Anticipated) Wednesday, August 14, 2024
Pre-Planning Programmatic Design Meeting
(Meeting #1)* Wednesday, August 21, 2024
Conceptual Designs (Phase 1) Wednesday, October 16, 2024
Transportation Advisory Board Presentation
(Meeting #2)* Wednesday, October 16, 2024
Public Presentation/Comment (Meeting #3)* Wednesday, October 16, 2024
TOEP Review and comments returned Monday, October 21, 2024
30% Design Complete (Phase 2) Wednesday, November 20, 2024
Transportation Advisory Board Presentation
(Meeting #4)* Wednesday, November 20, 2024
Public Presentation/Comment (Meeting #5)* Wednesday, November 20, 2024
TOEP Review and comments returned Monday, November 25, 2024
60% Design Complete (Phase 3) Wednesday, December 18, 2024
Transportation Advisory Board Presentation
(Meeting #6)* Wednesday, December 18, 2024
Public Presentation/Comment (Meeting #7)* Wednesday, December 18, 2024
Town Board Presentation (Meeting #8)*
(7:00PM) Tuesday, January 7, 2025
TOEP Review and comments returned Friday, January 10, 2025
90% Design Complete (Phase 4) Wednesday, February 19, 2025
Planning Commission Review (Meeting #9)*
(10:00am) Wednesday, February 19, 2025
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Transportation Advisory Board Presentation
(Meeting #10)* Wednesday, February 19, 2025
Public Presentation (Meeting #11)* Wednesday, February 19, 2025
TOEP Review and comments returned Monday, February 24, 2025
Final Construction Bid Packet &
Specifications Complete (Phase 5) Monday, March 10, 2025
100% Plans Complete (Phase 6) TBD based on GC Selection
* Meetings subject to change based on Consultants feedback and input
Transportation Advisory Board Meetings - 12:00pm-2:00pm MDT
Public Presentation/Comment - 4:00pm - 6:00pm MDT
PROPOSAL DOCUMENTS
Request for Proposals document can be obtained through Rocky Mountain Purchasing
(BidNet) www.rockymountainbidsystem.com or found on the Town’s Website
(https://estespark.colorado.gov/rfp).
The Town of Estes Park, Colorado will receive sealed Proposals for Big Horn Parking
Structure Project until Tuesday, July 9, 2024.
Bids may be submitted via one of the following methods:
1. ‘BidNet’: Response to the solicitation on Rocky Mountain E -Purchasing System
(www.rockymountainbidsystem.com); or
2. Email to Derek Pastor, Project Manager (dpastor@estes.org); or
3. Hand delivery (accompanied by a USB drive) to the following address:
Town of Estes Park Town Hall
ATTN: Derek Pastor, Project Manager
170 MacGregor Ave
Estes Park, CO 8017
Late Proposals will not be accepted or considered.
The Bidding Documents are available on www.rockymountainbidsystem.com as well as
on the Town’s website at www.estes.org/rfp. Interested bidders are responsible for
verifying receipt of all applicable documentation, including any associated addenda. The
TOEP cannot guarantee accurate information obtained from sources other than BidNet.
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MANDATORY PRE-PROPOSAL MEETING & WRITTEN QUESTIONS
A mandatory pre-proposal meeting will be held in-person, on-site at 3:30 PM MDT on
Tuesday, June 18, 2024
Big Horn Parking Lot
SW corner Big Horn Dr / Cleave St
Estes Park, CO 80517
This will allow all interested parties the opportunity to see all existing interior and exterior
conditions, ask any clarifying questions regarding the proposed scope of work, and gain
a better comprehensive understanding of the desired outcome of this project.
All comments, questions/answers and clarifications during this pre-proposal meeting will
be summarized and distributed (via BidNet and the Town website) in the form of an
addendum. Prospective offerors may also submit any additional written inquiries
concerning the requirements of this solicitation to Derek Pastor via BidNet or e -mail
(dpastor@estes.org) by 5:00 p.m. MDT on Tuesday, June 25, 2024. Offerors 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.
PROPOSER 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
Derek Pastor, Town Project Manager
170 MacGregor Avenue, Room 100
Estes Park, CO 80517
Phone: 970-577-3957
Email: dpastor@estes.org
Prospective Consultants and their representatives shall not make any contact or
communicate with any members of the TOEP, other than Derek Pastor, Town Project
Manager, 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
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standard or requirement, then the offeror 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 offerors sufficient time to revise
their proposals. Any new due date shall be included in the addenda.
II. PROJECT OVERVIEW
PROJECT DESCRIPTION
Adopted in 2018, the Estes Park Downtown Plan identified Cleave Street as a prime
location for redevelopment. Cleave Street is located in the heart of historic downtown and
parallels Elkhorn Avenue. It is a mixed-use area that includes front and back business
entrances, on-street parking, and access to several residences including affordable
housing units.
In January 2020, TOEP Public Works began public outreach and design of what was
intended to be interim public improvements along Cleave Street. With the onset of the
pandemic and a challenging budget cycle in 2021, the project took a back seat to more
pressing Town needs.
In 2022, the project was reinitiated as several private properties began redevelopment
along Cleave Street. The project, now known as the Cleave Street Improvement Project,
was expanded into a more time-intensive, permanent improvement project requiring a
higher level of design, coordination and increased costs. As such, TOEP Public Works
conducted community outreach through an online survey and public meeting, seeking
feedback on four alternative design concepts for Cleave Street in the fall 2022.
Public input showed a variety of preferences that were then used to determine a preferred
design alternative for a shared street that met many of the community’s desires while
also remaining true to the future vision for Cleave Street established in the Downtown
Plan. With limited right-of-way width, it was not possible to maintain on-street parking and
still honor the vision of the Downtown Plan to accommodate multimodal amenities in this
corridor. During the outreach process, the Town committed to working with local
stakeholders to identify short- and long-term strategies to mitigate the loss of on-street
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parking spaces anticipated with the preferred design concept. Marked parking spaces on
Cleave Street previously allowed room for approximately 30 vehicles, however field
checks have shown up to 40 vehicles on busy days.
During the 2022-2023 winter season, TOEP formed the Parking Revenue Task Force to
develop a recommendation to the Town Board on how paid parking revenues should be
spent. The Task Force consisted of Town staff, Estes Chamber, Estes Valley Library,
Transportation Advisory Board, and members of the downtown business community.
During a three-month process, the group decided that 40% would go toward adding future
downtown parking supply, specifically near the Cleave Street Improvement Project.
In mid-February 2023, the Town Board approved the Task Force recommendations and
set aside the funds for design of the Big Horn Parking Structure (BHPS). In May of 2024,
the Town Board directed Public Works staff to expand the scope of the proposed parking
structure as described herein.
SCOPE OF SERVICES
The purpose of this section is to provide qualified Consultants with the needed information
to enable them to prepare and submit a proposal for design and construction
management assistance of the Big Horn Parking Structure.
The BHPS will consist of a new multi-level parking structure located on a Town-owned
parcel currently used for surface parking and located at the SW corner Big Horn Dr /
Cleave St in Estes Park, Colorado 80517. With this project, the TOEP seeks to maximize
the parking for single passenger vehicles on the site by reconfiguring the existing 42-
space surface parking area and creating three (3) levels of structured parking (ground
level, plus two (2) additional parking levels). In order to maximize available parking
spaces, the Town envisions that each level of parking will be independent of each other
and accessed separately from different points of the adjacent roadways, taking advantage
of existing topography and thus eliminating the need for internal ramp structures. Ground
level access will be from Cleave Street; Level Two access will be from a point on the east
side of Big Horn Drive; and the Level Three access will be from a point on the north side
of Big Horn Drive (See Exhibit 5 – Maps, Diagrams, Site Plans for a conceptual idea).
As an alternative/additional request, the TOEP is seeking a proposal to design this
structure so that the superstructure, infrastructure, utilities accessibility, etc. will be able
to support a planned housing development as an upper deck (fourth level) in the future,
including a single elevator and stairway from the ground-floor to uppermost floor.
Differing and non-traditional design options will be considered. Designing the housing
development itself is not part of this request. Proposers are to keep this alternative in
mind and include a separate fee and additive scope of work for this request.
TOEP seeks proposals from Consultants with expertise in architecture, civil engineering,
surveying, structural and geotechnical engineering and mechanical, electrical
engineering, and transportation/traffic engineering. These disciplines are primary though
not all-inclusive of the expertise necessary to design and prepare bid documents and
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provide construction management for the BHPS. The successful design firm or team will
have expertise in parking structures 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
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. Community-Informed Design & Programming
2. Schematic Design (30% Design)
3. Schematic Design (60% Design)
4. Schematic Design (90% Design)
5. Final Construction Bid Packet & Specifications
6. Final Design / Construction Document (100% Plans and Specifications)
7. Construction Management Assistance Services
1. COMMUNITY-INFORMED CONCEPTUAL DESIGN & PROGRAMMING PHASE
The successful Consultant or team of Consultants shall be responsible for designing and
facilitating a community-informed design process. TOEP staff will assist the selected
Consultant in identification of key stakeholders and determination of the appropriate Town
approval processes for this project including, but not limited to, design
charettes/workshopping, presentations to the Transportation Advisory Board, and
approval by the Town’s Planning Commission and Town Board of Trustees.
While the desired parking facility will be modest compared to most parking structures, the
addition of any number of public parking spaces within downtown Estes Park is
meaningful. The public—with specific focus on the most directly impacted stakeholders
along Cleave Street and in the residential / neighborhood area near Big Horn Drive —
must be actively encouraged to participate in key design evaluations. The Consultant will
be required to develop and document informed consent on the programming needs and
goals of the project before progressing into conceptual architectural design options.
After consensus is reached on site programmatic needs, the Consultant shall prepare at
least three (3) unique conceptual designs for consideration that maximize the number of
parking stalls on the site; incorporate natural/landscaping elements that contribute to and
match the aesthetic of the Cleave Street Improvement project; and creatively incorporate
elements that are operationally necessary to support the needs of nearby businesses
(e.g., community trash / recycling receptacles).
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These designs will be vetted by the identified key stakeholders. There will be a period of
public comment to assist in gaining feedback on the designs presented. At the conclusion
of this phase the Consultant shall seek support from the Transportation Advisory Board
(TAB).
The Consultant shall design the various elements of the project within all currently
adopted building codes and standards, TOEP policies, criteria and development codes,
individual utility requirements, and design criteria. It is the responsibility of the proposer
to become fully familiar with these requirements and include these costs within this
proposal.
• 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. These 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 BHPS. Minimum interior clearances between the finish floor
and the lowest point of clear-span structural elements shall be in accordance with
recognized standards and as required for the proposed uses of the spaces and as
appropriate to accommodate a future repurposing of the structure if future parking
demands diminish. 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.
• 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 BHPS promotes compatibility with its surroundings and establishes
sustainable building standards.
• Accessibility: The projects 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 projects 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.
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• 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 offsite. The Consultants will be required to
meet with the various utility providers and determine their needs. The Consultants
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
Consultants 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. Legal representation for the Town is not within the scope of
this RFP. Geotechnical work is required, and the Consultant must include that
research within the scope of this RFP. Also, the Consultants will be required to provide
the topographic survey and underground surveys sufficient to design the project,
develop bid documents, and comply with the site plan requirements of the
development code.
• Environmental Criteria: The consulting 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 will 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.
The Town is also interested in design alternatives/ideas for future needs when the
parking structure has outlived its useful life and being able to re-purpose this structure
for future Employee Workforce Housing.
• Energy Design Criteria: The Town will require that the consulting team have
substantial background in mechanical and electrical engineering. The Town will look
for Consultants to develop alternatives in materials, HVAC, lighting, and recycled
materials to reduce impacts to the environment. The Consultants shall take advantage
of all technologies regarding geothermal, solar and wind energies. The Consultant
shall provide analysis of these alternative technologies and the cost benefits analysis
to assist the Town in developing sustainable and environmentally sound buildings and
site.
Phase 1 Deliverables:
• Design and facilitation of an inclusive community-informed design process, including
preparation of all printed and/or digital outreach materials
• Presentation to stakeholders with the Project Manager of at least two (2) half -sized
(18x24) unique conceptual designs for consideration
• Electronic/digital (PDF) of each conceptual design
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• Design and facilitation of an inclusive community-informed design process, including
preparation of all printed and/or digital outreach materials
• Phase summary, including documentation of how the community process will inform
Schematic and Final Design
• Initial Opinion of Probable Construction Cost for each conceptual design
2. SCHEMATIC DESIGN PHASE (30% DESIGN)
After successful completion of the design development and programming phase, the
Consultant team will begin the design of the BHPS and preparation of Civil Site (on site
and off site) Work bid documents. The Consultant shall provide complete Architectural,
Site Planning and Engineering services for building components, mechanical and
electrical systems, foundation and structural design, surveying, civil and geotechnical
engineering, transportation and drainage engineering. These individual bid sets and
specifications will be in a format that is acceptable to the Town and shall be in
conformance with industry standards.
These preliminary designs will be vetted by the identified key stakeholders. There will be
a period of public comment to assist in gaining feedback. At the conclusion of this phase
the Consultant shall seek support from the Transportation Advisory Board.
Phase 2 Deliverables:
• Design and facilitation of an inclusive community-informed design process, including
preparation of all printed and/or digital outreach materials.
• Presentation to stakeholders with the Project Manager of one (1) half -sized (18x24)
set of all preliminary drawings (30% set) and any reports required in this phase of
work. This includes copies of preliminary reports which are submitted to all agencies
which govern and have approval authority over the work. Documents shall be
prepared for the Community Development Department review and Building/Planning
Department review, as indicated by TOEP policy.
• One (1) Electronic/digital (PDF) set
• Preliminary Opinion of Probable Construction Cost.
3. SCHEMATIC DESIGN PHASE (60% DESIGN)
After successful completion of the 30% Design phase, review, comments, and
programming phase the Consultant team will update the design of the BHPS to create a
60% design set to include updating of Civil Site (on site and off site) Work bid documents.
The Consultant shall provide complete Architectural, Site Planning , and Engineering
services for building components, mechanical and electrical systems, foundation and
structural design, surveying, civil and geotechnical engineering, transportation, and
drainage engineering. Additionally, the Design Criteria outlined above (Estes Park
Character, Accessibility, Utilities / Site Design, Environmental and Energy aspects) will
be identified. These individual bid sets and specifications will be in a format that is
acceptable to the Town and shall be in conformance with industry standards.
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• These 60% design sets will be vetted by the identified key stakeholders. There will be
a period of public comment to assist in gaining feedback. At the conclusion of this
phase, the Consultant shall seek support from the Transportation Advisory Board.
Phase 3 Deliverables:
• Design and facilitation of an inclusive community-informed design process, including
preparation of all printed and/or digital outreach materials
• Presentation to stakeholders with the Project Manager of one (1) half-sized (18x24)
set of all preliminary drawings (60% set) and any reports required in this phase of
work. This includes copies of preliminary reports submitted to all agencies that govern
and have approval authority over the work. Documents shall be prepared for the
Community Development Department review and Building/Planning Department
review, as indicated by TOEP policy.
• One (1) electronic/digital (PDF) set
• Updated Opinion of Probable Construction Cost.
4. SCHEMATIC DESIGN PHASE (90% DESIGN)
After comments, feedback, and input from the 60% design set, the Consultant team will
continue refining the design of the BHPS and further preparation of the design and bid
documents. This will include aspects such as building components, mechanical and
electrical systems, foundation and structural design, surveying, civil and geotechnical
engineering, drainage engineering and interior/exterior finishes. Additionally, the Design
Criteria outlined above (Estes Park Character, Accessibility, Utilities / Site Design,
Environmental and Energy aspects) will be identified.
These 90% design sets will be vetted by the identified key stakeholders. There will be an
opportunity to present these final design plans to the public for informational purposes.
At the conclusion of this phase the Consultant shall update the Transportation Advisory
Board regarding the resolution of previous comments provided for the project..
Phase 4 Deliverables:
• Design and facilitation of an inclusive community-informed design process, including
preparation of all printed and/or digital outreach materials.
• Presentation to stakeholders with the Project Manager of one (1) half -sized (18x24)
set of all preliminary drawings (90% set) and any reports required in this phase of
work. This includes copies of preliminary reports submitted to all agencies that govern
and have approval authority over the work. Documents shall be prepared for the
Community Development Department review and Building/Planning Department
review, as indicated by TOEP policy.
• One (1) electronic/digital (PDF) set.
• Updated Opinion of Probable Construction Cost.
• Planning Commission Criteria: The Consultant will be directed to seek approval
from the Planning Commission and any variances required by the Board of
Adjustments. The consulting team will be required to prepare and propose the project
to the Planning Commission and the Town Board. It will be the Consultant’s
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responsibility to reach consensus and approval from the boards prior to moving into
the final design phase.
5. FINAL CONSTRUCTION BID PACKET & SPECIFICATIONS PHASE
After key stakeholders confirm that the preliminary designs (90% set) are sufficiently
complete, TOEP will direct the Consultant to update the current design plans from all
comments, input, and feedback received, and then to prepare the final documents for
construction bidding. Final bid documents shall be in conformance with all codes and
standards as governed by the agencies that have authority over the work being proposed.
The Town will require that the bid documents be approved by TOEP Public Works prior
to going out to bid. All bid sets shall be complete with sufficient drawings, details, notes,
specifications, and construction estimates (descriptions, materials list, quantities, etc.).
These bid documents shall be a clear and definitive description of the work proposed and
these documents shall meet or exceed industry standards. These documents shall be
prepared in the best interest of the TOEP in all regards and shall be developed to assure
responsible bidding from qualified contractors meeting Town requirements.
Phase 5 Deliverables:
• One (1) electronic/digital (PDF) Construction Document set updated with notes,
comments, details, specifications, etc. sufficient for contractor bidding
• One (1) electronic/digital (PDF) of all related Bid Documents for Contractor bidding
• Answer questions and provide guidance and clarifications during the bid process
• Prepare support for the preparation of addenda, if necessary
• Final reports and documents required in this phase shall be signed and sealed
originals that bear seals and signatures of the Architect or Engineer and shall include
the approval stamp or letter of approval from agencies governing the proposed work.
6. FINAL DESIGN / CONSTRUCTION DOCUMENT (100% PLANS &
SPECIFICATIONS) PHASE
Upon successful selection of a general contractor, the Consultant will prepare the final
100% set of construction documents based on feedback, input, and responses from the
contractor pre-bid meetings; 90% set review; and clarifications requested for effective
completion of this project.
Phase 6 Deliverables:
• One (1) electronic/digital (PDF) final 100% set updated with notes, comments, details,
specifications, etc. sufficient for construction
• ACAD copies of all design drawings shall be provided on CD.
7. CONSTRUCTION MANAGEMENT ASSISTANCE SERVICES PHASE
Upon successful selection of a general contractor, will assist the Project Manager with
clarifications of questions from the contractor, interpretations of drawings, developing
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change order drawings, review/approval of shop drawings for effective completion of this
project.
Phase 7 Deliverables:
• Where field conditions differ from the contract documents or disputes arise regarding
the bid documents, the Consultant shall resolve issues and document the resolution
to the satisfaction of the TOEP. The TOEP may require assistance in negotiating
change orders and developing design changes from the Consultant when the TOEP
requests a change in Scope of Work. The work required to develop additional design,
specifications, and change orders shall be at a rate in conformance with the
agreement. The Consultant shall be responsible for the costs of any change orders
that are necessary due to errors or omissions of the Consultant’s work.
• Issue and evaluate supplementary instructions, responses to requests for information,
and proposal requests. These supplementary documents shall be submitted in writing
and organized in an acceptable format with the TOEP’s requirements.
• Review and approve all structural shop drawings.
• Answer questions, provide guidance and clarifications during the bid process.
Prepare support for the preparation of addenda if necessary
Consultant Meetings
Phase 1
Programmatic/Design
Inquiry
Consultant to meet with Project Manager
and stakeholders to identify needs/wants In-Person
Conceptual Design
Presentation
Consultant to present design options with
Project Manager to Transportation Advisory
Board In-Person
Conceptual Design
Presentation
Consultant to present design options with
Project Manager to stakeholders and
community for public input In-Person
Phase 2
30% Design Presentation
Consultant to present design plans with
Project Manager to Transportation Advisory
Board In-Person
30% Design Presentation
Consultant to present design plans with
Project Manager to stakeholders and
community for public input In-Person
Phase 3
60% Design Presentation
Consultant to present design updates with
Project Manager to Transportation Advisory
Board In-Person
60% Design Presentation
Consultant to present design updates with
Project Manager to stakeholders and
community for public input In-Person
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60% Design Presentation
Consultant to present design plans with
Project Manager to Town Board In-Person
Phase 4
90% Design Presentation
Consultant to present design updates with
Project Manager for informational purposes
to Transportation Advisory Board In-Person
90% Design Presentation
Consultant to present design updates with
Project Manager for informational purposes
to stakeholders and community In-Person
90% Design Presentation
Consultant to present design plans with
Project Manager to Planning Commission In-Person
Phase 5
Construction Bid Packet
Consultant to present/review Bid packet
with Project Manager Virtual
Phase 6
100% Construction
Documents
Consultant to present/review Construction
Documents with Project Manager Virtual
PROFESSIONAL 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.
METHOD 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.
USE 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.
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AWARD 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
hour 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.
MATERIAL 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.
TERM 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
ORGANIZATION OF THE PROPOSAL
Eligibility to submit a proposal begins with in-person, on site attendance at a mandatory
pre-proposal conference which will be held at 3:30 pm MDT on Tuesday, June 18, 2024.
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
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 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. The overview should
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articulate an understanding of the TOEP's needs. The overview should describe the
proposed work and all applicable requirements.
3) Key Personnel & Firm Qualifications: Include background experience and
education for each member 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 architecture, civil engineering, surveying, structural and geotechnical
engineering and mechanical, electrical engineering, transportation/traffic engineering.
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.
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.
5) Hourly Rate Fee Schedule: Include the billable cost for each member of the
project team. Proposers shall submit Fee Proposals in a file labeled “Big Horn
Parking Structure Fee Proposal” that is completely separate from the
qualifications-based proposal file.
6) Alternative Option Proposal: Summary of understanding, project approach (if
different from primary proposal), and proposal for alternative option.
7) Exhibits: Review, complete, sign and date Exhibits 1, 2, and 3
8) Experience & References: Provide a list of at least three previous project
references of similar scope completed or begun within the last three 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 of those projects should be for work that
any sub-consultants have performed with your firm, collectively as a team).
No pricing should be included with the Proposal submission. Selection of the preferred
firm will be based on qualifications, and interviews if deemed necessary by the project
team. Upon selection of the preferred firm or team of firms, the TOEP will work w ith
the selected team(s) to finalize a detailed Scope of Services and fee. If subsequent
fee negotiations are unsuccessful, TOEP reserves the right to negotiate with the next
highest-scoring candidate.
PROPOSAL SUBMISSION
All proposals must be submitted to the Project Manager by 2:00 PM (MDT) on Tuesday,
July 9, 2024. Proposals must be submitted through one of the following means:
A. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System
(www.rockymountainbidsystem.com); or
B. Email to Derek Pastor, Project Manager (dpastor@estes.org)
a. Subject line: Museum Annex Expansion Proposal
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C. In-person drop off at:
Estes Park Town Hall
107 MacGregor Ave
Public Works Department, Room 100
ATTN: Derek Pastor, Project Manager
LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED.
To expedite the selection and fee negotiation process, proposing firms are asked to
develop a preliminary fee proposal, and to submit it separately from the proposal
document (if submitting through email, submit both documents in same email, but as
separate attachments).
Documents must be titled appropriately to separately identify the Design/Engineering
proposal from the preliminary fee proposal. Preliminary fee proposals should estimate the
intensity of workload for various tasks and identify an approximate hourly rate. The
preliminary fee proposals will be held unopened during the qualification -based selection
until the TOEP is ready to negotiate fees with the selected firm.
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 fir m.
In general, it is not acceptable to the TOEP to mark information other than financial data
as proprietary without the written authorization from the Public 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.
REJECTION OF PROPOSAL
The Town of Estes Park reserves the right to cancel this Request for Proposal; reject any
Proposal, in whole or in part; to modify the Scope of Work to be done as mandated by
budgetary requirements; and to waive informalities or irregularities in the Proposals
received, when it is in the Town's best interest to do so. The total cost of proposal
preparation, submission, and any travel or accommodations resulting from invitation to
interview shall be covered by the Offeror.
USE OF SUBCONTRACTORS
The proposing firm shall indicate in the proposal any work intended to be performed by
subcontractors or persons outside of their firm (e.g., partnering firms, consultants, etc.).
The Offeror shall name the partner firms, if known, at the time of proposal submittal.
Partners and subcontractors shall be bound to meeting the same quality standards and
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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.
AWARD OF CONTRACT
A formal contract will be executed with the most responsive firm, which is defined as the
firm that submits a proposal which fully meets the requirements as defined in the
Consultant’s Scope of Work and during any subsequent interview.
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. The TOEP
must approve the successful firm’s/firm(s) insurance prior to execution of the agreement
by the TOEP Board of Trustees. The successful firm shall also acquire a TOEP Business
License prior to signing the agreement, at their own expense.
PROPOSAL REVIEW, EVALUATION & SELECTION PROCESS
Respondents should submit a comprehensive, but concise , 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, and Review Criteria.
Interviews may be scheduled at TOEP discretion, however TOEP reserves the right to
select a firm based on the proposals only.
Interview of Finalists: At the TOEP’s option, the field will be narrowed to the top
responsive proposers and they will be invited to interview with the review committee, in a
to-be-defined format. The finalists will have approximately one 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.
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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.
30 points
Qualifications of Project Staff: Project staff background, education, and
experience on similar projects. Qualifications and experience of the
Consultant in community-informed design, parking structure design,
bidding and construction management.
25 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 recent clients for whom the firm has performed
services similar to the work outlined in the Scope of Services.
20 points
Adequacy of the Proposal: Completeness and thoroughness of the
proposal. Responsive to the RFP.
15 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
Based on the point system, the firms will be ranked in order of their perceived ability to
perform the work. The top firms MAY be interviewed, and after interviews, points may be
recomputed.
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G ENER A L REQUIREMENTS
The successful firm shall:
• Have experience in all professional services requested in this RFP, including
architecture, civil engineering, surveying, structural and geotechnical engineering and
mechanical, electrical engineering, and transportation/traffic engineering
• Enter into a contract with the TOEP to provide design services for a new, three or four
level structured parking/residential facility
• 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
SITE 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 18x24.
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.
TOWN REPRESENTATIVES
The TOEP’s representative on this project will be Derek Pastor, Project Manager, 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 Project Manager.
PROJECT 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 bid-ready documents.
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SUPPLEMENTAL CONSULTANT GUIDELINES
A. Preliminary and final designs for this project will be reviewed by the pertinent TOEP
staff, which includes the Project Manager, Transportation Advisory Board, 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), International
Parking and Mobility Institute (IPMI), and National Parking Association (NPA).
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 eleven (11) live/in-person design
meetings with TOEP staff and/or stakeholders as outlined above. The Project
Manager 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 approval. Additionally, the consultant should budget
for weekly virtual project coordination meetings with the Project Manager to resolve
issues and maintain forward progress on the design effort.
H. The Consultant should plan to provide construction management assistance
services to assist the TOEP during the bid advertisement period. These services
may include but are not limited to: participating in the Construction Pre-Bid Meeting;
developing answers to contractor questions for addenda purposes; reviewing and
approving structural shop drawings; and correcting any errors or inconsistencies
found in the bid documents, which may require printing a new “For Construction”
plan set.
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I. Any additional fees for engineering services or construction-related field change
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.
J. 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
Tuesday, July 9, 2024. If the protest is sustained, the proposal due date may be
delayed, and an addendum issued to modify the due date or cancel the solicitation. If
the protest is denied, the proposal due date is upheld, and submissions will be required
as originally scheduled.
Any person adversely affected by a decision in connection with this solicitation shall file
a Formal Written Protest, in writing, within five (5) calendar days of receipt of the
decision with the TOEP Project Manager.
The formal written protest shall state with particularity the facts and law upon which the
protest is based.
Protesters may not challenge the evaluation criteria or the relative weight of the
evaluation criteria or the formula for making an award determination.
Upon receipt of a formal written protest that has been filed in a timely manner, the
Project Manager shall stop the proposal solicitation process or the award process until
the subject of the protest is resolved by mutual agreement or by final action of the
TOEP Board of Trustees.
The Project Manager shall provide an opportunity to resolve the protest by mutual
agreement between the parties within seven (7) working days of receipt of a formal
written protest. If the protest is not resolved by mutual agreement within seven (7)
working days, the Project Manager and/or the protestor shall refer the protest to: Town
Administrator, Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517.
The TOEP Board of Trustees will review the protest and the Project Manager’s decision,
and either concur or reverse the decision at the next possible regular meeting of the
Town Board.
TOWN OF ESTES PARK
________________________
Derek Pastor, PMP
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Project Manager
Town of Estes Park
Public Works Department
970-577-3957
dpastor@estes.org
27 RFP – Design and Engineering Services | 2024 Big Horn Parking Structure (BHPS) Design
EXHIBIT 1
TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No employee, elected or appointed official of the Town of Estes Park, or any such
person’s spouse or dependent child has an existing or pending, direct or indirect,
financial, ownership or personal interest in the proposing firm of this Request for Proposal,
except as follows:
I/we hereby agree to all instructions, terms and conditions, and specifications contained
herein. I/we acknowledge receipt of the following Addenda:
Proposing Firm:
Address:
Telephone No.
Submitted By:
Signature
Printed Name
Title
Date:
Attest:
Signature
Printed Name
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EXHIBIT 2
CONSULTANT’S PERSONNEL AND SUBCONSULTANT LISTING
Name Role
Add lines as needed on back.
Illegal Aliens:
The Contractor certifies that the Contractor shall comply with the provision of CRS 8-17.5-101, et
seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that knowingly employs or
contracts with an illegal alien to perform work under this contract. The Contractor represents,
warrants, and agrees that it:
i. Has verified that it does not employ any illegal aliens, through participation in the Basic
Pilot Employment Verification Program administered by the Social Security Administration
and the Department of Homeland Security, or
ii. Otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor
shall comply with all reasonable requests made in the course of an investigation by the
Colorado Department of Labor and Employment. If the Contractor fails to comply with any
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requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this
contract for breach of contract, and the Contractor shall be liable for actual and
consequential damages to the Town.
If the Contractor obtains actual knowledge that a subcontractor performing work under this
contract knowingly employs or contracts with an illegal alien, the Contractor shall:
i. Notify the subcontractor and the Town within three days that the Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
ii. terminate the subcontract with the subcontractor if within three days of receiving the notice
required pursuant to sub-paragraph (a.) above, the subcontractor does not stop
employing or contracting with the illegal alien, unless the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien.
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EXHIBIT 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:
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EXHIBIT 4
TOWN OF ESTES PARK
PROFESSIONAL SERVICES CONTRACT (example)
PROFESSIONAL SERVICES CONTRACT
For the engineering, architectural and design of a multi-level parking structure consisting
of the following phases as outlined in the Request for Proposal:
• Community-Informed Design & Programming
• Schematic Design (30% Design)
• Schematic Design (60% Design)
• Schematic Design (90% Design)
• Final Construction Bid Packet & Specifications
• Final Design / Construction Document (100% Plans and Specifications)
• Construction Management Assistance Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Contractor Name, a Companies legal entity, whose address is Contractors Address, make this
Contract this __________ day of ____________________, 2024, 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.
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The Contract Documents, except for amendments executed after execution of this Contract, are:
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 25 pages, dated June 11, 2024;
8. Consultant's Proposal, containing # of 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.
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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
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.
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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.
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.
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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.
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.
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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
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.
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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:
Derek Pastor, PMP
Project Manager
170 Macgregor Ave
Estes Park, CO 80517
970-577-3957
dpastor@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.
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.
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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.
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:
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Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Derek Pastor, Project Manager
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
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.
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
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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
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employee or agent of the Town in any capacity. Consultant’s officers, employees and agents
are not entitled to Workers' Compensation benefits from the Town, and Consultant is
obligated to pay federal and state income tax on money earned under this Agreement.
Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all
buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and
other accessories and Services necessary. This Agreement is not exclusive; subject the terms of
this Agreement, Town and Consultant may each contract with other parties.
20. PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party based
upon any attribution to either party.
21. HEADINGS FOR CONVENIENCE: All headings, captions and titles are for
convenience and reference only and of no meaning in the interpretation or effect of this Contract.
22. NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits under
this Agreement is an incidental beneficiary only.
23. TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town
(in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not
require any employee's discharge from employment, but shall merely prohibit the employee's
presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price.
24. WAIVER: No waiver of any breach or default under this Agreement shall waive any
other or later breach or default.
25. TERM: This Contract shall commence on 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.]
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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
performance of its Services under this Contract up to and including the date of
termination.
27. SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt
of such notices the Consultant shall cease their work as efficiently as possible, to keep total
charges to a minimum. The Town must specifically authorize any work performed during
suspension. Since suspension and subsequent reactivation may inconvenience the Consultant,
Town will endeavor to provide advance notice and minimize its use. After a suspension has been
in effect for thirty days, the Consultant may terminate this Contract at will.
28. ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its
rights or delegate its duties under this Contract without the express written approval of the other.
29. SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with
Town's express prior written approval. Consultant is solely responsible for any compensation,
insurance, and all clerical detail involved in employment of subconsultants.
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30. GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed
regarding this agreement shall be only in Larimer County, Colorado.
31. AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
32. INTEGRATION: There are no other agreements on the same subject than expressly
stated or incorporated in this Contract.
33. DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this
Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract,
Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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CONSULTANT
By:
Date
Title:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2024, 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 , 2024.
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Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
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EXHIBIT 5
MAPS, DIAGRAMS, SITE PLAN
SW corner Big Horn Dr / Cleave St
Estes Park, Colorado 80517
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Preliminary Conceptual Design Idea