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HomeMy WebLinkAboutPACKET Town Board 2026-08-11Town Board of Trustees Regular Meeting Tuesday, August 11, 2026, 7:00 p.m. Town Hall Board Room, 170 MacGregor Ave, Estes Park Accessibility Statement The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Meeting Participation This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos. Click on the following links for more information on Digital Accessibility, and Public Comment. Agenda – 7:00 p.m. Pledge of Allegiance Agenda Approval Public Comment Town Board Comments/Liaison Reports Town Administrator Report Consent Agenda 1. Expenditure Approval Lists – Bills 2. Town Board Meeting and Study Session Minutes dated July 28, 2026 3. Resolution 55-26 Contract with Kinley Built for the Design and Construction of a New Storage Building at the Events Center Complex, $424,350 – Budgeted 4. Resolution 92-26 State of Colorado Department of Local Affairs Energy Mineral Impact Assistance Fund Grant in the amount of $100,000 Toward the Design of a New Public Safety Facility 5. Resolution 93-26 Decline to Exercise the Right of First Refusal to Purchase Windy Gap Water Units from the Platte River Power Authority Planning Commission Action Items 1. Resolutions 87-26, 88-26, and 89-26 Regarding Fall River Village II PUD and Subdivision Plats Presented by Senior Planner Hornbeck To reopen the public hearing for Resolution 87-26 and consider the request by the applicant to continue Resolutions 87-26, 88-26, and 89-26 originally presented July 28, 2026 to August 25, 2026. Action Items 1. Resolution 80-26 Contract with Infusion Architects, LLC for Design Services and Construction Management Assistance for the Estes Park Public Safety Facility Presented by Director Fetherston To advance the conceptual drawings of the proposed public safety facility into schematic design and construction documents and provide construction management assistance. 2. Visit Estes Park Board Appointment Process Presented by Town Clerk Williamson To consider the Visit Estes Park Board Appointment process for an upcoming vacancy. Agenda continues on page 3 Request to Enter Executive Session To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4)(a), C.R.S.; for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4)(b), C.R.S.; and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators – Section 24-6-402(4)(e), C.R.S. – Discussion of an expression of interest in a potential lease of the Town property at Elm Road and Moraine Avenue. For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions – Section 24-6-402(4)(b), C.R.S. – Use of Lot 4 Stanley Historic District. Adjourn Town of Estes Park, Larimer County, Colorado, July 28, 2026 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 28th day of July, 2026. Present: Gary Hall, Mayor Kirby Hazelton, Mayor Pro Tem Trustees Bill Brown Chris Eshelman Mark Igel Jamie Mieras Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Sarah Stoddard Cameron, Recording Secretary Absent: Trustee Frank Lancaster Mayor Hall called the meeting to order at 7:01 p.m. Recognition. Mayor Hall recognized Estes Park School students who won a drawing and writing contest held by the Estes Park School Environmental Resilience Team in partnership with the Estes Valley Watershed Coalition to celebrate the beauty of Estes Park’s natural environment through educational posters. The posters are to be displayed around Estes Park. Proclamation. Mayor Hall proclaimed August 8, 2026, as Estes Park Recycles Day. Proclamation. Mayor Hall proclaimed the month of August, 2026, as Estes Arts Month.. Agenda Approval. It was moved and seconded (Eshelman/Hazelton) to approve the Agenda, and it passed unanimously. Public Comments. Frank Theis/Town Resident thanked Trustee Igel for his acknowledgment of Estes Valley Fire Protection District (EVFPD) funding issues and Town Administrator Machalek for his clarification that the Board had not discussed removing or decreasing existing EVFPD funding. He then urged the Town to demonstrate budget engineering to the public while funding and building the new public safety facility, and advocated this method would encourage constituents to vote to increase funding for the project. Matt Tschohl/Town Resident requested a meeting with the Town regarding a property he purchased at 450 Hillside Lane, a single-family home that he stated had been occupied as a duplex since 1980, and advocated the property be granted duplex conversion. John Guffey/Town Resident expressed disapproval of visible trash receptacles, reported that Waste Management trash collection vehicles were too loud and disruptive, and contended that the Town should further encourage compliance with dark sky standards to protect nocturnal ecosystems. Trustee Comments. Board comments were heard and have been summarized: Commended Congressman Neguse for his visit to the Town for Congress on the Corner, and noted his attendance at DRA F T Board of Trustees – July 28, 2026 – Page 2 the EVFPD swearing-in ceremony of Fire Chief, Kevin Nunn; attended the EVFPD swearing-in ceremony; provided accolades to Interim Fire Chief Jones for his hard work and commitment to the district, and expressed enthusiasm regarding his appointment; reported fourteen (14) applications were received for three (3) openings on the Estes Park Housing Authority (EPHA) Board of Commissioners, the EPHA was struggling with employee recruitment and may consider hiring relatives of current employees at their next board meeting, and EPHA offices would temporarily move into SkyView mid-August; commended the Estes Park Police Department’s Police Auxiliary for their dedication and support, including National Night Out; attended Visit Estes Park’s (VEP) Board of Directors meeting heard a presentation from Larimer County Commissioner Shadduck- McNalley on Larimer County budget-shortfalls and the Board discussed trends in lodging occupancy rates, sales and lodging tax revenue, and encouraged the public to apply for an upcoming vacancy on the Board;; acknowledged Jamie Palmesano, for her dedication and support for the Global Friends program for J-1 workers, which provided community support to exchange visitors; and Colorado Association of Ski Towns (CAST) Regional Statistical Analysis Project was forwarded to the Board. Town Administrator Report. Town Administrator Machalek recognized the Streets and Parks crews for their work to address runoff related issues which followed recent rains, and commended the Power and Communications for their work in conjunction with the Platte River Power Authority (PRPA) and the Western Area Power Administration (WAPA) to restore power to the Estes Valley on July 27, 2026. Policy Governance Monitoring Report – Policies 3.3, 3.12, and 3.13. Town Administrator Machalek reported full compliance with exception to Policy 3.13 in which partial compliance was reported. Staff achieves compliance with Policy 3.13 through the publication of the organization chart in the ACFR and through the presentation to the Town Board at the meeting directly following the certification of the results of each biennial Town election. The organizational chart was presented at the second Town Board Meeting following the certification of the election, on May 12, 2026. Consent Agenda: 1. Expenditure Approval List - Bills 2. Town Board Meeting and Study Session Minutes dated July 14, 2026 3. Estes Park Planning Commission minutes dated May 19, 2026 and June 16, 2026 (Acknowledgment Only) 4. Resolution 85-26 Intergovernmental Agreement among Owner Communities Tasking Platte River Power Authority with Coordination of Distributed Energy Resource Programs and Projects 5. Resolution 86-26 Intergovernmental Agreements with the Colorado Department of Transportation for NAAPME and MMOF Grant Funds for Moraine Avenue Multimodal Trail Design and Construction, $5,979,039.40, Budgeted 6. Law Enforcement Assistance Fund (LEAF) SFY27 Supplemental Grant Award to Purchase Impaired Driving Enforcement and Education Equipment for the Estes Park Police Department 7. Acceptance of Town Administrator Policy Governance Monitoring Report It was moved and seconded (Eshelman/Brown) to approve the Consent Agenda, and it passed unanimously. DRA F T Board of Trustees – July 28, 2026 – Page 3 Report and Discussion Items (Outside Entities): 1. 2025 Base Funding Report: Salud Family Health. Salud Family Health President and Chief Executive Officer, John Santistevan, presented the 2025 Base Funding Report. Salud Family Health received $30,000 in Base Funding for 2025. Services offered included family medicine and pediatric care, health education, immunizations, pharmacy services, behavioral and psychological assessments and intermediate care, and dental services. During 2025, 1,699 patients were served over 6,194 patient visits. Patient demographics reflected significant economic need: 49% of patients fell at or below the 100% federal poverty level (FPL), 35% between 100% and 200% FPL, and 16% above the 200% FPL threshold. Current challenges faced by the foundation included workforce recruitment and retention, declining Medicaid coverage, changing patient demographics, and stagnant federal grant funding. It was reported that additional funding exceeding $500,000 was secured through community fundraising efforts. Salud Family Health hopes to raise an additional $250,000 for patient programs. Board discussion ensued and has been summarized: Praised President and CEO Santistevan for his hard work and dedication; and questioned whether behavioral health related visits had increased, decreased, or remained stagnant from 2024 to 2025; what trends in patient demographic changes had been observed; whether Salud Family Health’s Estes Park Clinic would achieve financial breakeven in 2026; and whether there was opportunity for financial support from the UCHealth Estes Valley Medical Center. Planning Commission Action Items: 1. Resolution 87-26 Fall River Village II Combined Preliminary/Final Planned Unit Development Plan, Estes Park Housing Authority, Owner/Applicant. Mayor Hall opened the public hearing. Senior Planner Hornbeck reviewed an application submitted by the EPHA for a combined Preliminary/Final Planned Unit Development (PUD) Plan for the upper parcel of the Fall River Village Development. The 3.8-acre parcel contained twenty-four units and an event facility known as SkyView. In a separate application from the PUD, the applicant proposed existing units be subdivided into fourteen (14) townhome lots, one (1) duplex - known as Cliff House, (1) commercial facility, and one (1) eight-plex. Plans for the parcel included sale of the fourteen (14) established townhomes to pay down debt principle on the remaining workforce rental units below, partial conversion of the SkyView to office space and resident storage, and the potential addition of a childcare facility in the duplex adjacent to Skyview. The applicant requested waivers for the required sidewalk along Far View Drive and/or the internal access road connecting and required off-street loading for business and professional offices, warehousing and storage, and daycare. It was noted that the Estes Park Planning Commission had reviewed the application and recommended approval, no disadvantages of approval had been identified, the application complied with all relevant Development Code standards, a special review was not required, no adverse effects to neighboring properties had been identified, and there would be little to no effect on Town finances or resources. It was clarified that Ordinance 11-25 was not applicable, due to state statutes and the fact that the application had been submitted prior to the date Ordinance 11-25 became effective. Public comment ensued and has been summarized: David Shirk/Town Resident disagreed with staff’s assessment that there would be no adverse impacts on the adjacent neighborhood and requested the Board require additional landscape buffering on the North border of the property adjacent to Far View Drive as well as exterior lighting compliant with the Development Code. Kristine Poppitz/County Resident argued that Ordinance 11-25 applied to the application and requested the application be resubmitted accordingly. In addition, Ms. Poppitz sought denial of the applicants’ request to waive sidewalk requirements, advocated for better pedestrian linkage in accordance with the Estes Valley Trails Plan, and requested a trail connecting Far View Lane to West Wonderview Avenue. Pete Levine/EPHA Director of Real Estate explained that lighting and landscaping improvements were planned, and would occur over the next two (2) to three (3) years DRA F T Board of Trustees – July 28, 2026 – Page 4 to disperse expenses. Said improvements included replacement of outdoor lighting fixtures to obtain compliance with the Development Code and the addition of a landscape buffer between Far View Drive and Sunny Acres Court as originally intended on the previous PUD. The EPHA considered existing sidewalks to be suitably connected and noted the Town Board had previously determined that additional pedestrian connectivity was not required. It was clarified that the EPHA did not intend on using SkyView as a permanent office location and asserted that the EPHA did not seek a use that would maximize economic value. The current loan balance on the property totaled roughly twenty-nine (29) million dollars, at 4.8% interest. Current median average monthly income (AMI) for residents was 62%. It was reiterated that the EPHA would need to sell the fourteen (14) proposed townhomes to obtain financial stability and maintain ownership of the rest of the property. The EPHA planned on retaining the eight (8) unit building, SkyView, and the duplex building known as Cliff House. It was noted that two (2) property valuations had taken place, both property valuations landed within one (1) percent of each other. Board discussion ensued and has been summarized: Clarified the purpose of a PUD Plan; expressed concern that hearing both the preliminary and final plats would not allow adequate time for necessary changes; that approval of the application would set poor precedence for the future; questioned the necessity of specifying hours of operation, how resident storage facilities would be installed in SkyView, how best use had been determined, how the required home owners association would be structured and maintained, how storage facilities would be added to the SkyView building, and whether the application should be viewed as a new PUD or a PUD amendment; discussed opportunity for a sidewalk connecting Far View Drive to the lower FRV parcel, and noted the current stairs are not ADA accessible; suggested all nonconforming aspects were preexisting and therefore should be waived; noted constituent interest in the use of 6E funding to supplement a greater portion of the EPHA’s operating deficit to reduce units sold; noted sold units would be allowed to revert back to short-term rental units; acknowledged the EPHA had a fiduciary and moral responsibility to sustain its properties; and debated what details of the PUD were relevant to the Board’s discussion. Mayor Hall closed the public hearing. It was moved and seconded (Igel/Eshelman) to deny Resolution 87-26, and a substitute motion was made. It was then moved and seconded (Hall/Hazelton) to approve Resolution 87-26 with the addition of the following three conditions: Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary; conformance to the 2018 landscape plan; and compliance to Estes Park Development Code §7.9 Exterior Lighting, and it failed with Trustees Eshelman, Igel and Mieras voting “No”. Upon failure of the motion, Trustee Igel withdrew his original motion to deny Resolution 87-26. After further discussion, it was moved and seconded (Hall/Hazelton) to continue Resolution 87-26 to the August 11, 2026, Town Board Meeting, and it passed unanimously. 2. Resolution 88-26 Fall River Village II Combined Preliminary Plat, Estes Park Housing Authority, Owner/Applicant. It was moved and seconded (Hall/Brown) to continue Resolution 88-26 to the August 11, 2026, Town Board Meeting, and it passed unanimously. 3. Resolution 89-26 Fall River Village II Combined Final Plat, Estes Park Housing Authority, Owner/Applicant. It was then moved and seconded (Hall/Brown) to continue Resolution 89-26 to the August 11, 2026, Town Board Meeting, and it passed unanimously. DRA F T Board of Trustees – July 28, 2026 – Page 5 Action Items: 1.Resolution 90-26 Supplemental Budget Appropriations #2 to the 2026 Budget Finance Director Zimmerman presented supplemental budget appropriations to provide funding for grant awards, utility capital project closeout, utilization of Police Facility reserve for design costs, interest for Utility deposit refunds, increased expense for write-offs of uncollectible utility accounts, a Fleet utilization study, use of General Fund unassigned fund balance for one-time capital projects, and other mid-year adjustments. The amendment would ensure compliance with budget requirements, maintain reserve balances, and avoid creating ongoing operating costs that exceed revenues. Total appropriations for 2026 increased by $3,752,172. It was noted that a portion of the additional revenue had been generated from stronger than anticipated sales tax revenues. It was moved and seconded (Hazelton/Eshelman) to approve Resolution 90-26, and it passed unanimously. 2.Resolution 73-26 Memorandum of Understanding Between the Town of Estes Park and the Estes Valley Recreation and Park District and Change Order to the 2026 Overlay and Patching Contract with Coulson Excavating. Town Engineer Wittwer recommended the Town enter a Memorandum of Understanding (MOU) with the Estes Valley Recreation and Park District (EVRPD) to coordinate and combine paving and infrastructure improvement projects, in order to reduce costs, as well as approve a change order to the 2026 Overlay and Patching Program with Coulson Excavating Inc. to incorporate EVRPD’s planned improvements at Stanley Park. Staff reported that approval of the change order would streamline the Stanley Park improvements project, prevent overlapping, save tax dollars, and ensure a uniform finish. EVRPD would fund their portion of the project, totaling $1,183,234.10, with $75,000 for contingency. The project would commence mid-September and reach completion around October 31. Board discussion ensued and has been summarized: Expressed enthusiasm about the project; and questioned how parking capacity would be affected during construction; and whether EVRPD would bear financial responsibility should costs exceed the $75,000 contingency. It was moved and seconded (Eshelman/Mieras) to approve Resolution 73-26, and it passed unanimously. 3.Rescheduling the June 22, 2027 Town Board Meeting to June 29, 2027. Town Attorney Kramer proposed the June 22, 2027, meeting be rescheduled to June 29, 2027, to allow the Mayor and Board of Trustees the opportunity to attend the 2027 Colorado Municipal League (CML) Annual Conference being held in Keystone, June 22 through June 25. Board discussion ensued and has been summarized: Trustee Igel expressed concern about rescheduling the meeting for an optional commitment; and Mayor Hall, Mayor Pro Tem Hazelton, and Trustee Mieras expressed interest in attending the conference. It was moved and seconded (Hazelton/Mieras) to reschedule the June 22, 2027 Town Board Meeting to June 29, 2027, and it passed unanimously. Whereupon Mayor Hall adjourned the meeting at 9:39 p.m. Gary Hall, Mayor Sarah Stoddard Cameron, Recording Secretary DRA F T RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado July 28, 2026 Minutes of a Study Session meeting of the Town Board of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 28th day of July, 2026. Board: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown, Eshelman, Igel, Lancaster, and Mieras Attending: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown, Eshelman, Igel, and Mieras Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Attorney Kramer, and Recording Secretary Bramwell Absent: Trustee Lancaster Mayor Hall called the meeting to order at 4:30 p.m. Development Code Update 50% Draft Review. Eric Krohngold and Ketaki Chodke from Design Workshop and Phillip Supino from Headwaters Planning presented an overview of the 50% draft of the Development Code update. The updated Development Code would incorporate modern best practices and development standards, increase efficiency in the development review process, and align development with the Estes Forward Comprehensive Plan. Public outreach included two open houses, multiple pop-up events, a community-wide survey, several public dialogues, and two public deliberations. Feedback received to date included providing clear and consistent criteria for when a development plan is required, to differentiate requirements for low-impact or small-scale projects and larger projects, and to streamline review procedures. Modifications to zoning standards of 10% to 24% would be considered by the Planning Commission and modifications 25% or greater would be considered by the Town Board. Potential updates were considered for the Final Plat, Minor Subdivisions, PUD Final Plan, Special Review Uses, and Location and Extent Review procedures. Three new zoning districts were introduced: a Mixed-Use (MU) district for medium to high-density development to blend residential, commercial, and complementary civic uses along major corridors; a Public Facilities (PF) district for government buildings, parks, and schools; and an Open Space and Natural Areas (OS) district for open space and recreation land. Additional housing typologies were introduced, including Cottage Clusters and Tiny Homes. Increased density would be permitted in Residential Multi-Family (RM) and Mixed-Use (MU) zone districts. The entire town would be designated as a Wildlife and Habitat Protection Area, necessitating a Wildlife Conservation Plan for most new developments. The Tree Protection and Landscaping section aligned with the Colorado Wildfire Resiliency Code, as adopted by the Town and Estes Valley Fire Protection District (EVFPD) in 2026. Design Guidelines would apply to new developments and allow for flexibility while regulating parking for commercial and multi-family developments, building height, and outdoor lighting. The sign code from the Municipal Code would be integrated into the Development Code, with standards added for additional types of signs. The updated Development Code was scheduled to be adopted in the fourth quarter of 2026. Board comments and questions have been summarized: Asked about applying density bonuses to additional residential zones beyond RM and the proposed MU district, Krohngold stated it would be considered based on the Board’s direction and Supino noted a strong split in the community between affordable housing advocates desiring increased density and existing residents of single-family neighborhoods wishing to maintain the current neighborhood densities; suggested expanding permitted commercial use in accommodation districts; suggested permitting day care centers in other zones in addition to RM; asked about the difference between conditional and special use permits, Krohngold explained conditional use permits allow for slight deviations from the zoning use that do not impact surrounding properties and would be approved or denied administratively by Town staff, special use permits were for uses DRA F T RECORD OF PROCEEDINGS Town Board Study Session Minutes dated July 28, 2026 – Page 2 that may impact surrounding properties and would be approved or denied by the Planning Commission or the Town Board, Ghodke noted the current code did not include conditional use permits; requested a table listing the changes in the draft code update from the existing code; thanked the consultants for their work and community outreach efforts; asked if input was sought from local planners, architects, and engineers, the consultants confirmed focus groups were conducted that included professionals who may be impacted by the update; asked about the impact of designating the entire town as a Wildlife and Habitat Protection Area, the consultants noted many areas of town were classified as a Wildlife and Habitat Protection Area in the existing code and expanding the designation to the entire town would streamline the development process for developers; asked how wildfire mitigation and water use were considered in the landscaping design guidelines, the consultants stated the Colorado Wildfire Resiliency Code was referenced in the updated Development Code and the design guidelines included plant recommendations and xeriscaping options; recommended flexible lighting standards; asked about permitting feather flags in the signage guidelines, Design Workshop stated the current draft maintained existing standards for feather flags; asked the extent to which the draft deviates from the current code, stated the updates do not differ dramatically; asked about the extent to which the updated Development Code prepares the Town for the future, Design Workshop stated it provides opportunities to modify the code, sets standards for commercial entities, and would be a tool to deliver on public policy as set by the Board; clarified the distinction in process between lot splits and subdivision plats; and complemented the tone of the draft code. Rebecca Urquhart/Town resident complemented Design Workshop for their work on the draft code. She recommended Design Workshop seek feedback from developers, engineers, land use attorneys, and other interested parties with experience utilizing and developing land use codes. She stated the change to allow for quarter-acre lots in E and E-1 districts would not be a significant change from the existing half-acre minimum lot size. Kristine Poppitz/County resident encouraged the Board to minimize staff-level administrative decisions to maintain citizen involvement in land use decisions. She referenced Ballot Initiative 300 and their involvement in the Development Code rewrite process as evidence residents desire to be involved in land use decisions. She stated the change to allow for quarter-acre lots in E and E-1 districts would be a significant change from the existing half-acre minimum lot size. She stated preference for properties to go through the existing rezoning process to maximize input from residents. Public Safety Facility Financing. Director Fetherston presented an overview of the need for a new public safety facility, stating there had been no significant capital improvements since 1974, when the school building built in the 1930s was converted to the police department facility. The space was beyond its useful life. Key deficiencies included a lack of secure parking separated from visitors, inadequate physical controls to transfer arrestees from vehicles to the holding cells, inadequate secure and integrated evidence storage, and the lack of integrated dispatch and response functions. The preferred site was approved by the Town Board in March 2026. It was 3.9 acres of Town-owned non-deed property on the northwest side of Community Drive and Manford Avenue. The proposed facility would be approximately 30,000 square feet, an increase from the existing 7,000 square foot space. It would potentially displace some of the stall barns at the Events Complex. Grant funding included a United States Department of Agriculture (USDA) grant award for $1,000,000 pending Town Board action on the agreement; $100,000 award from the Colorado Department of Local Affairs (DOLA) for design services which required a $100,000 local match and would be brought to the Town Board for action in August; $3,000,000 of Congressionally Directed Spending to relocate and reconstruct the displaced barns pending Federal Appropriations Committee action. Construction of the public safety facility would begin in late 2027 or 2028, dependent on funding. Director Zimmerman presented funding options for the public safety facility and asked for the Board’s feedback on a preferred funding mechanism and timeline. The Estes DRA F T RECORD OF PROCEEDINGS Town Board Study Session Minutes dated July 28, 2026 – Page 3 Valley Fire Protection District (EVFPD) continues to evaluate a ballot initiative in November 2026 to enable EVFPD to collect a half cent sales tax to fund operations in lieu of 7% of sales tax collected by the Town annually. The Town could then redirect the sales tax revenue to the construction of the public safety facility. Director Zimmerman recommended financing the construction of the public safety facility with certificates of participation (COPs), a tax-exempt lease financing tool local governments typically use to construct essential public facilities. The facility itself would serve as collateral. This funding mechanism would not require voter approval, and therefore, could be implemented quickly. It would also preserve the Town’s debt capacity because it would not be classified as long-term debt. Compared to a voter approved sales tax that would create a dedicated revenue source, COPs have a slightly higher interest rate and insurance cost because of the risk of the municipality determining it does not have enough budget to make a service payment. Three scenarios were presented to fund the public safety facility using COPs. The first option was a debt amount of $31,860,000 at an interest rate of 5%, the second was a debt amount of $31,080,000 at an interest rate of 5.25%, and the third was a debt amount of $31,860,000 at an interest rate of 5.25%. These financing options estimate a total project cost of $34,500,000 with an interest rate of 5.0-5.25% for a term of 30 years. Sources of funding included $1,280,000 from sales tax revenue currently allocated to the EVFPD and $1,500,000 of Town reserves in addition to grants from the USDA and DOLA. In addition, in 2028 $517,272 per year would be available from the completion of COP payments for the Event Center and in 2033 $399,932 per year would be available from the maturity of the lease for the Parking Garage. With these funding streams, the Town would not need to ask the voters to approve additional sales tax to fund the public safety facility. The final public safety facility financing plan would be presented to the Town Board in the second quarter of 2027. Board comments and questions have been summarized: Asked if there were any second party approval requirements, staff stated the only external requirements are from grant providers and the USDA grant required an architectural and environmental review for the project; questioned if the estimated total cost included necessary public safety equipment, staff stated it included all furniture, fixtures, and equipment, a wayfinding package, and the current dispatch consoles would be used in the new building; asked about financing options if the EVFPD did not begin collecting its own sales tax, Town Administrator Machalek stated in that event staff would identify new options for the Board’s consideration, including the Town seeking a sales tax dedicated to funding the public safety facility; discussed the Board’s lack of intent to cease allocating funds to the EVFPD should it not collect its own sales tax; asked about the revenue stabilization fund, Director Zimmerman stated increasing the revenue stabilization fund would reduce the Town’s credit risk when analyzed by bond rating agencies, Town Administrator Machalek stated the Finance Department would later present an analysis of the cost effectiveness of supplementing the revenue stabilization fund to achieve a maximum bond rating of AA+ compared to directing those funds to the down payment to reduce the amount borrowed; and questioned the likelihood of achieving an A+ bond rating and alternatives, Director Zimmerman stated the Town would likely achieve the A+ rating and estimating future interest rates would be challenging. Trustee and Administrator Comments and Questions. Trustee Brown requested the Town Board consider waiving the conditions of the Restrictive Use Covenant on Lot 4, Stanley Historic District to the extent of the proposed temporary use by the Stanley Partnership for Art Culture and Education, LLC (SPACE). Board discussion has been summarized: expressed agreement for further discussion of the waiver; expressed concern of the lack of timeliness of communication from Town staff to the Board; expressed trust in Town staff and Board operations and conduct; Mayor Pro Tem Hazelton stated disagreement that the item should be brought before the Board for further consideration after the discussion at the July 14, 2026 meeting; and discussed options to bring this item to the Board for further consideration. Town Administrator Machalek stated staff would work with SPACE to draft an agreement permitting SPACE to utilize a portion of Lot 4 for customer parking for the Board’s consideration. He also stated every Town staff member involved had worked DRA F T RECORD OF PROCEEDINGS Town Board Study Session Minutes dated July 28, 2026 – Page 4 transparently to provide the Board with the best information possible and there were no understandings between staff and SPACE beyond what was in the public record and the Covenant. Future Study Session Agenda Items. The Seasonal Housing Issues study session on September 8, 2026 was amended to Housing Issues: Seasonal Workforce and Seniors. The FEMA Floodplain Map Adoption Process was scheduled for August 11, 2026 and the Parks and Open Space Master Plan was scheduled for August 25, 2026. It was requested to discuss permitting feather flags in the Development Code update. It was requested to discuss Future Fourth of July Fireworks at an unscheduled study session. There being no further business, Mayor Hall adjourned the meeting at 6:39 p.m. ___________________________________ Stephanie Bramwell, Recording Secretary DRA F T The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo Through: Town Administrator Machalek From: Derek Pastor, Project Manager Department: Internal Services Date: August 11, 2026 Subject: Resolution 55-26 Contract with Kinley Built for the Design and Construction of a New Storage Building at the Events Center Complex, $424,350 – Budgeted Type: Contract/Agreement, Resolution Objective: To provide a new approximately 4,000 sq. ft. storage building to replace the existing structure at the Events Center Complex. This project includes structural and civil engineering of the new building as well as construction. Present Situation: The current storage building at the Events Center is approximately 1,600 sq. ft. and also serves as the maintenance shop for Events Center staff. It no longer serves adequate storage capabilities, resulting in materials being stored outside, as well as unsafe conditions inside the building. Overflow storage is kept at the Fish Hatchery site which poses its own logistical constraints. Funding for a new storage building in the amount of $479,973 was approved in the 2024 Capital Improvement Pan. With the assistance of the project manager, an Invitation to Bid was advertised on March 10, 2026. 11 contractors attended the mandatory pre-bid meeting. Six proposals were received; only four of those were qualified. Attached are the bid summaries and comparisons. Based on the evaluations of the qualified proposals, conversations with the contractors, internal discussions with the Internal Services, Events Center and Finance Directors, staff is recommending Kinley Built to perform this work. The original scope of work for this project was to demolish the existing building and construct a new 5,000 sq. ft building. Beyond the design and construction costs were several additional considerations that made this project scope cost prohibitive (See EC Project Options, attached). Working with Director Hinkle and Kinley Built, an alternative was selected. In order to fund the alternative plan, an additional $60,000 for the project was appropriated by the Town Board in the Fiscal Year 2026 second budget amendment during the July 28, 2026, regular meeting. Choosing this new site will have multiple benefits, including: • Keeping the existing maintenance building that will be used solely for the maintenance needs once the items currently being stored are relocated. • Several of the additional expenses from the original scope will not be necessary. • A smaller building dedicated to storage helps to lower the overall project costs and still meet the needs of the Event Center staff. Proposal: To consider authorizing the Mayor to sign the contract with Kinley Built for design and construction services for the Events Center Storage Building. Advantages: This new building will provide: • The Events Center staff more capacity for storing materials and equipment for the various events held at the complex. • Improved safety and security to that building and its contents. • More accessibility to this building with additional overhead doors. Disadvantages: • Although this new building is expensive, the design and construction is within the approved budget •Construction will be disruptive to that Events Center staff, however, this work is strategically planned during the off-season of events to minimize the inconvenience. Action Recommended: Staff recommends Town Board approval of the contract with Kinley Built for design and construction services for the Events Center Storage Building. Finance/Resource Impact: The originally approved budget for this project was $479,973. On July 28, 2026 an additional $60,000 was approved through the Budget Amendment #2 process, for a revised project budget of $539,973. The funds will come from account 30404000- 532210 (Capital-New Buildings). Level of Public Interest: The public interest in this project is expected to be low. Sample Motion: I move to approve/ deny adoption of Resolution 55-26. Attachments: 1.Resolution 55-26 2.Construction Contract with Kinley Built 3.Bids Summary and Comparison 4.EC Project Options 5.EC Site Options 6.Design and Construction Services Invitation to Bid 7.Proposal from Kinley Built 8.Proposal from TCC Corporation RESOLUTION 55-26 APPROVING A CONSTRUCTION CONTRACT WITH KINLEY BUILT FOR DESIGN AND CONSTRUCTION OF A NEW EVENTS CENTER STORAGE BUILDING WHEREAS, the Town Board wishes to enter into a construction contract referenced in the title of this resolution for a new storage building at the Events Center complex; and WHEREAS, the cost of the contract with Kinley Built is $424,350; and WHEREAS, the Board intends to authorize the Internal Services Director to sign, without additional Board action, change orders that total up to but do not exceed twenty percent of the construction contract value ($84,870) within the project budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the construction contract referenced in the title of this resolution in substantially the form now before the Board. The Board authorizes the Internal Services Director to spend up to $509,220 under this contract. DATED this ______ day of __________________, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Attachment 2 Town of Estes Park Proposal Summary Project: Events Center Metal Storage Building Date: April 2, 2026 Project Budget: Vendor on Based Bid Proposal Cost on Project Duration Cumulative Ranking (*) Project Duration (days) Base Bid Amount Base Bid + Alternates % to Budget Baker Builders 4 3 4 90 days $674,838.00 $674,838.00 144% Buildings By Design 3 1 3 60 days $561,716.00 $561,716.00 120% Kinley Built 1 2 1 70 days $424,350.00 $424,350.00 90% TCC Corporation 2 1 2 60 days $449,233.00 $449,233.00 96% Average Duration Average Cost Average Cost 70 days $527,534.25 $527,534.25 * Cumulative Ranking Based on Proposal Cost, Project Duration, Qualifications, and Experiences Notes/Comments: Baker Builders - Based in Frederick, CO, 20 yrs in business. Detailed proposal, company profile, extensive experience with PEMB construction. Proposal exclusions: bonds, insurance, automatic overhead doors, bollards Buildings By Design - Based in Brush, CO, 22 yrs experience. Relevant similar scope and budget projects provided. No proposal exclusions Kinley Built - Based in Estes Park, CO, 11 yrs experience. Relevant similar scope and budget projects provided after second request. No proposal exclusions TCC Corp - Based in Loveland, CO, 26 yrs in business. Relevant similar scope and budget projects provided. No proposal exclusions Attachment 3 Events Center Metal Storage Building Additional Expenses Option #1 (original SOW) Option #1 Option #2 $124k OVER original budget Original Approved Budget:$479,973 $479,973 $55,000 in contigency (10% of total project cost) Design and Construction $424,350 $415,000 5,000 sq ft building (70 x70) Contingency (10%)$42,435 $41,500 Fire hydrant relocation TOTAL:$466,785 $456,500 Tap fees for new plumbing Soils and concrete materials testing Additional Services Option #1 Option #2 Vendor MEP design services Fire Hydrant Relocation $25,000 $0 TOEP Electrical L&M Installation Water tap fees $10,000 $10,000 TOEP Plumbing L&M Installation Soils and Materials Testing $21,650 $10,000 GROUND Eng ($10k materials testing; $11,650 soils testing) Demo of existing building MEP Engineering Services $8,000 $8,000 Bowman Engineering Storage unit (4 month rental) Electrical Installation (L&M)$10,000 $10,000 Preliminary estimates. Need design to get actual numbers Plumbing Installation (L&M)$6,000 $6,000 Preliminary estimates. Need design to get actual numbers Option #2 (new location) Permits $11,000 $11,000 Preliminary estimates. Need design to get actual numbers $37,000 OVER original budget Demo $31,000 $0 TCC Corp $47,000 in contingency (10% of total project cost) Storage Conex $2,000 $0 United Rentals 4,000 sq ft building (50 x 80) Contingency (10%)$12,465 $5,500.0 New site, no demo of existing building or storage unit needed ADDITIONAL SERVICES TOTAL:$137,115 $60,500 No relocation of fire hydrant Concrete footers, foundation wall, concrete slab Option #1 Option #2 Plumbing engineering, materials/labor installation Revised Budget:$603,900 $517,000 -Utility sink, hose bib, full length trench drain -Tap fees Relocation of existing water line Materials Testing, no soils testing Electrical design/engineering services Electrical labor and materials installation Attachment 4 Events Center Storage Building Site Options New site location Original site location Attachment 5 OPTION #1 (Original SOW) • 5,000 sq ft building (70 x70) • Fire hydrant relocation • Tap fees for new plumbing • Soils and concrete materials testing • MEP design services • Electrical L&M Installation • Plumbing L&M Installation • Demo of existing building • Storage unit (4 month rental) Hay Barn OPTION #2 • 4,000 sq ft building (50 x 80) • New site, no demo of existing building or storage unit needed • No relocation of fire hydrant • Concrete footers, foundation wall, concrete slab • Plumbing engineering, materials/labor installation o Utility sink, hose bib, full length trench drain o Tap fees • Relocation of existing water line • Materials Testing, no soils testing • Electrical design/engineering services • Electrical labor and materials installation 1 INVITATION TO BID Events Center Metal Building Design & Installation Tuesday, March 10, 2026 1125 Rooftop Way Estes Park, CO 80517 Proposals due by Thursday, April 2, 2026 Attachment 6 2 Table of Contents INVITATION TO BID ................................................................................................................... 3 INSTRUCTIONS FOR BIDDERS ............................................................................................... 10 BIDDER'S QUALIFICATIONS AND DATA ............................................................................. 23 SUBCONTRACTORS AND RELATED DATA ........................................................................ 28 BID PROPOSAL .......................................................................................................................... 29 FEE PROPOSAL .......................................................................................................................... 33 CONSTRUCTION TIMELINE .................................................................................................... 33 CONSTRUCTION CONTRACT ................................................................................................. 34 CONSTRUCTION CONTRACT GENERAL CONDITIONS .................................................... 43 CONSTRUCTION CONTRACT SPECIAL CONDITIONS ...................................................... 92 3 INVITATION TO BID PROJECT : Events Center Metal Building design and installation SCOPE: Design and install a prefabricated metal building to be used for storage at the Town of Estes Park Events Center complex. Work in conjunction with other trades contracted and managed by the Town’s Project Manager Building Requirements: • Gable-style prefabricated metal building • 70 ft wide x 70 ft long • 24 g Standing seam roof (color TBD) o Berridge double-lock, Zee-lock panels or similar (with approval) o Roof pitch 4:12 o Eave height 16ft o No overhang • Gutters • 26 g PBR (Purlin Bearing Rib) siding (color TBD) • Doors o Garage Door (qty 2)  Roll-up, no windows  12 ft wide x 14 ft tall  Motorized  Steel back insulated  Locations TBD o Passage Door (qty 2)  3070 hollow-metal door and frame  Lockable door handle  Locations TBD • Insulation o Roof – R19 o Siding – R13 Deliverables • To be provided by metal building manufacturer: o Engineered, stamped drawings of metal structure o Engineered, stamped drawings of concrete foundation o Manufacture, delivery and installation of metal building 4 • To be coordinated by the Town’s Project Manager o Electrical and Plumbing Engineered, stamped drawings o All permits related to project o Demo of existing structure o Site work and installation of concrete foundation (if not provided by contractor) o Electrical and plumbing work, fixture installation General Conditions (Division 01): • The Contractor will be responsible for the following: o Mobilization of equipment and personnel o Provide, Performance, Labor/Materials Bonds, proof of insurance o Permits obtained by others; coordinate inspections as required, and address any corrective actions noted o Construction/Site Management (including safe working conditions) o Administrative duties o Warranty of materials and workmanship for one (1) year o Final site clean o Timely communications and status updates throughout the duration of the project o Overhead and Profit o Provide final ‘As-Built’ plans at conclusion of project o Utilities locating prior to beginning the project o All work to be performed in accordance with current local, state, and federal codes Terms of Contract The contract term resulting from this Invitation to Bid shall be based on the anticipated lead time of materials, construction timeline/schedule provided by the contractor (See Section 8 - Construction Timeline), plus an acceptable number of contingency days to allow for unexpected situations or delays. The Town of Estes Park (TOEP) will generate the Construction Contract in accordance with TOEP policy (See Section 9 - Construction Contract). 5 Funding / Permits This project will be funded as part of the 2026 Capital Improvement Program by TOEP’s. The total allocated funding for all aspects of construction of this project is $450,000. If a Proposer believes the scope of work outlined is greater than the budgeted amount, the proposal for the outlined work (and any additionally requested add/alts) should still be submitted. The Town will use this information to determine if the scope of work needs to be modified or if additional funding needs to be allocated. Any permits required will be the responsibility of the Town to obtain. Any permit-related inspections, coordination or corrective actions will be the responsibility of the contractor. Construction Duration The Town is estimating the construction portion of this project to last 60 calendar days. This duration is from the first day of actual site work through substantial completion. Submittals, approvals, requests for information, materials lead times are not included in this project duration. Proposers are required to submit a Gantt chart (or equivalent) demonstrating the projected timeline, phasing and sequencing of the work, in addition to completing the Construction Timeline in this Invitation to Bid. The Projects anticipated start date, end date, and duration will be based on Construction Timeline submitted by the winning bidder. These dates will be reflected in the Construction Contract. If a Proposer believes the scope of work outlined will extend beyond the expected duration, the proposal for the outlined work should still be submitted. The Town will use this information for planning purposes, to determine if the scope of work needs to be modified, or if expectations and internal accommodations need to be adjusted. The Town of Estes Park, Colorado will receive sealed Bids for Events Center Metal Building design and installation until Thursday, April 2, 2026. 6 Bids may be submitted via one of the following methods: 1. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com); or 2. Email to the Project Manager, Derek Pastor, dpastor@estes.org Hand Delivered or Late bids will not be accepted or considered. The Bidding Documents are available on www.rockymountainbidsystem.com as well as on the Town’s website at www.estes.org/rfp. Interested bidders are responsible for verifying receipt of all applicable documentation, including any associated addenda. The Town of Estes Park cannot guarantee accurate information obtained from sources other than BidNet. SCHEDULE OF ACTIVITES: (subject to change) Invitation to Bid (ITB) Available Tuesday, March 10, 2026 Tuesday, March 10, 2026 Pre-Bid Conference (1:00 PM MT) Tuesday, March 17, 2026 Tuesday, March 17, 2026 Deadline for Questions (5:00PM MT) Tuesday, March 24, 2026 Tuesday, March 24, 2026 Final Addenda Issued Thursday, March 26, 2026 Thursday, March 26, 2026 Bid Opening (11:00AM MT) Thursday, April 2, 2026 Thursday, April 2, 2026 Bid Evaluations & Contract Preparation (Notices of Award/Declination) Friday, April 3, 2026 Monday, May 11, 2026 applicable) Thursday, May 14, 2026 Thursday, May 21, 2026 A Mandatory PRE-BID CONFERENCE will be held IN-PERSON on-site at 1:00 p.m. (MT) on Tuesday, March 17, 2026. 1125 Rooftop Way Estes Park, CO 80517 (see map below for meeting location) 7 This will allow all interested parties the opportunity to see all existing conditions, ask any clarifying questions regarding the proposed scope of work, and gain a better comprehensive understanding of the desired outcome of this project. All comments, questions/answers and clarifications during this pre-bid meeting will be summarized and distributed (via BidNet and the Town website) in the form of an addendum. Prospective offerors may also submit any additional written inquiries concerning the requirements of this solicitation to Derek Pastor via BidNet or e-mail (dpastor@estes.org) by 5:00 p.m. Tuesday, March 24, 2026. Offerors are reminded that any changes to the Invitation to Bid will be by written addenda only and nothing stated verbally shall change or qualify in any way any of the provisions in the Invitation to Bid and shall not be binding on the TOEP. Bids will be opened and publicly read aloud during a VIRTUAL Bid Opening meeting at 11:00 a.m. (MT) on Thursday, April 2, 2026. The Town will use the Google Meet conferencing platform (unless modified by Addendum). Bidders can join the meeting via video call or phone call: Video call link: https://meet.google.com/kid-idkq-zge Or dial: 720-500-3699 PIN: 314 146 390# 8 The successful Bidder shall provide the Town with a Certificate of Insurance naming the Town of Estes Park as an additional insured for all policies required in the General and Special Conditions, a Statement of Liability and Indemnity, and with proof of Workers' Compensation coverage. If awarded the Bid, a Performance Bond and a Labor and Material Payment Bond are required within ten days of the date the written Notice of Award, each for the total amount of the Contract Price. No Bidder may withdraw a Bid for a period of thirty days after the date fixed for opening the Bids. The Town of Estes Park reserves the right to cancel this Invitation to Bid; reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received, when it is in the Town's best interest to do so. Document Accessibility Compliance Requirement In accordance with State of Colorado law (House Bill 21-1110 and Senate Bill 23-244), all vendors submitting proposals in response to this Request for Proposals (RFP) must ensure that any documents submitted as part of the proposal process, and any deliverables provided under any resulting contract, are fully compliant with the State of Colorado’s Technology Accessibility Standards. TOWN OF ESTES PARK Derek Pastor, PMP Project Manager Town of Estes Park 9 Internal Services Department 170 MacGregor Ave Estes Park, CO 80517 970-577-3957 dpastor@estes.org 10 INSTRUCTIONS FOR BIDDERS SUBMISSION OF BIDS Attendance at the mandatory pre-bid meeting and the following documents are required to be submitted for a proposal to be considered: • Bidder Qualifications and Data Form • Subcontractors and Related Data Form • Bid Proposal Form • Fee Proposal (itemized, detailed cost proposal including all labor, materials, general conditions, overhead/profit, inclusions/exclusions, etc..) • Construction Timeline or Gannt Chart Sealed Bids will be received by the means listed in the Invitation to Bid (BidNet, e-mail, and hand delivery). Timely delivery of Bids is the Bidder's responsibility and Bids received after the time and date indicated in the Invitation to Bid will not be accepted. Hand delivered, late oral, telephone or fax Bids are invalid and will not receive consideration. On occasion, an exception to this procedure may be made. The Project Manager may make an exception under extreme circumstances, in the Manager's sole discretion. No Bid alterations or interlineations will be permitted, unless made before submission and initialed and dated. If initialed, the Town may require the Bidder to identify the alteration so initialed. In the Case of No Bid, please return your Bidding Documents indicating No Bid on the form and on the outside of the return envelope. 11 BIDDING DOCUMENTS The following documents constitute the Bidding Documents for this project: 1. Invitation to Bid 2. Instructions for Bidders 3. Bidder’s Qualifications and Data 4. Subcontractors and Related Data 5. Bid Proposal 6. Fee Proposal 7. Specifications (if any) 8. Drawings (if any) 9. Construction Contract Template 10. General Conditions 11. Special Conditions (if any) 12. Addenda (if any) The Bidder will download the Bidding Documents as directed in the Invitation to Bid. All forms associated with, bound with, or attached to the Bidding Documents are a necessary part thereof and must not be detached. The Bidding Documents will state the location and description of the proposed Work and will show the estimate of the various quantities of work to be performed and materials to be furnished, the time in which the work must be completed, the amount of the Bid Guarantee (which must accompany the Bid) and the date and time of the opening of the Bids. It will also state any special provisions or requirements, which vary from or are not contained in the General Conditions. 12 ADDITIONAL BID DETAILS Persons Submitting Bids: Each Bid must contain the full name(s) and U.S. Postal Service mailing address of the Bidder(s), and any person signing any Bid as agent of another, or of a firm, must furnish legal evidence of authority to do so. A person who submits a Bid and affixes "President," "Secretary," "Agent," or other designation to his or her signature, without disclosing the principal, may be personally held to the Bid. The Town will not consider more than one Bid from an individual, firm, partnership, or corporation under the same or different names. Evidence that any Bidder is interested in more than one Bid for the same work will be cause for rejection of all such Bids. Collusion between the Bidders will be considered sufficient cause for the rejection of all affected Bids. A party quoting prices to a Bidder is not thereby disqualified from quoting prices to other Bidders or from submitting a direct Bid on the Bidder's own behalf. Bid Pricing: All prices shall be stated in words and numbers except where the forms provide for numbers only. Use of the provided bid schedule in MS Excel spreadsheet format is acceptable. Unit Price Bid Schedule: When the Town requests Unit Prices, the Bidder shall fully complete the schedule of unit prices included in the bid schedule. When the Town includes an additional amount on the bid schedule for minor contract revisions and the Town has estimated bid quantities on the schedule. Bidders shall include that add amount in the total Bid price. The total of all the unit prices bid multiplied by the estimated quantity of each item shall be the total Bid price. The Town will pay for the final measured, used, or delivered quantities at unit prices in the Bid. 13 Discrepancies: In the event of a difference between extended price and unit price of the bid schedule, the unit price governs. Modifications: Modifications to Bids already submitted will be allowed if received prior to the time specified in the Invitation to Bid. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised Bids. The modifications shall be submitted via BidNet or in writing and shall be signed in the same manner and by the same person(s) who signed the Proposal. Withdrawal of Proposal: A Bidder may withdraw a Bid at any time prior to the time Bids are to be opened, via BidNet or by written request of the Bidder. Any such request shall be signed in the same manner as, and by the same person(s) who signed the Bid Proposal. Alternate Bids: Whenever Alternate Bids are called for specifying the use of several different classes of materials or types of improvements for the same work, all Bidders are requested to submit prices for use of each of the several classes of materials or types of improvements as specified. The material to be used or the type of improvement to be adopted will be selected by the Town after the Bids have been opened and read. Unless otherwise specifically provided in the specifications for the improvement, Bids shall be made upon each and every item shown on the blank Bid Schedule. Variation in Estimated Quantities: The Contractor must reasonably expect a variation in the estimated quantities from the actual quantities and no claims will be allowed for anticipated profits, for loss of profits or for damage of any sort because of a difference between the estimate of any item and the amount of the item actually required. The Town reserves the right to eliminate items from the Bid Schedule when the Town deems it in its best interest. Cost of Bid Preparation: The total cost of bid preparation and submission shall be assumed by the Contractor. 14 Taxes: The Town of Estes Park is exempt from paying sales or use taxes. Materials and equipment purchased solely for Town projects, that will become a permanent part of the final project, are tax exempt. The Town will furnish its tax exempt number, in lieu of requiring the Contractor and subcontractors to obtain their own certificates of exemption from the Colorado State Department of Revenue. Contractors and all subcontractors purchasing materials tax exempt must disclose the nature of the Town's project, the Town’s purchase order, and then provide the Town's tax exempt number to the supplier. FAMILIARIZATION WITH THE WORK AND SITE CONDITIONS Before submitting Bids, prospective Bidders shall familiarize themselves with the work, the site where the work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the work. Bidders shall carefully correlate their observations with requirements of the Contract and otherwise satisfy themselves as to the expense and difficulties attending performance of the work. The submission of a Bid constitutes a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. Site Conditions: Bidders shall visit the site of the work and completely inform themselves relative to construction hazards and procedures, the availability of lands, the character and quantity of surface and sub-surface materials, and utilities to be encountered, the arrangement and condition of existing structures and facilities, the procedures necessary for maintenance of uninterrupted operation of existing sewers and other utilities, the character of construction equipment and facilities needed for performance of the work, and facilities for transportation, handling, and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of Bids. 15 REQUESTS FOR EXPLANATION Bidders should immediately notify the Town of any discrepancies in or omissions from the Drawings or Specifications, so that the Project Manager can publish an Addendum in response. Any Bidder may submit a written request for explanation or correction of any part of the Bidding or Contract Documents, as directed in the Invitation to Bid. Questions and points of clarification are requested to be submitted via BidNet or email when possible. The deadline for submitting such requests is detailed in the Invitation to Bid and/or Special Conditions. The Project Manager will also field phone calls, but written communication is preferred. Oral explanations and interpretations made prior to the Bid Opening will not be binding. ADDENDA Any explanations or corrections to the Bidding Documents shall be furnished to all Bidders as Addenda via BidNet and the Town’s website. Final Addenda issuance shall be as directed in the Invitation to Bid and/or the Special Conditions. All Bidders shall acknowledge receipt of Addenda in the Bid Proposal form. If there is to be a postponed Bid Opening, this will be communicated on BidNet as an Addendum (and an automatically generated notification will be sent to all who downloaded the original Bidding Documents). BONDS Bonds shall be executed on a form acceptable to the Town, as specified in the General Conditions, by a corporate bonding company licensed to do business in the State of Colorado and acceptable as Surety to the Town. The forms must be countersigned by the Colorado agent. A "Power of Attorney" authorizing the attorney-in-fact to bind the Surety company and certified to include the date of the bond shall accompany the bond. 16 The Performance Bond and Labor and Material Payment Bond must remain in full force and effect during the entire period of the guarantee. The successful Bidder shall give a Performance Bond equal to the amount of the Contract Price. The Performance Bond shall guarantee: (a) the faithful performance and completion of the work in strict accordance with the terms of the Contract, and each and every covenant, condition and part thereof, according to the true intent and meaning of the Contract Documents, as defined in the Contract and (b) the repair or replacement where required, or the cost thereof, for a period of two years after the issuance of the Notice of Construction Acceptance or until all warranty work is completed, whichever occurs last, of all work performed under the Contract. A separate Labor and Material Payment Bond equal to the amount of the Contract Price is required to ensure the payments of laborers, materialmen, suppliers, and subcontractors in connection with the work performed under the Contract and to satisfy the requirements of §38- 26-105 and 38-26-106, C.R.S., as amended. The Town of Estes Park reserves the right to waive bond requirements if permitted by statute. In the event the Performance or Labor and Material Payment Bonds are waived, cost of the bonds shall be reflected as a deduction from the total Bid Price, when so indicated on the Bid Form. There will be a Unit Price deduction for the waiver indicated on the Bid Schedule, when necessary. OPENING OF BIDS The sealed Bids will be opened publicly and read aloud at the time, date, and place set in the Invitation to Bid. Bids received after the time specified in the Invitation to Bid shall be returned unopened. Bid openings will be public and all Bidders are welcome to attend. Bidders or their authorized agents are invited to be present and examine any Bid after opening. 17 EXAMINATION OF BIDS All Bids submitted shall be made available for examination by interested parties within a reasonable time following the Bid Opening. All information in the submitted Bid will be available for public scrutiny, unless the Bidder specifically requests confidential treatment of some or all of its commercial data. Requests for confidentiality shall be in writing, and the portions of the commercial data for which confidentiality is requested shall be clearly identified. Procurement information shall be a public record to the extent provided by Article 24.72, C.R.S., as amended, and shall be available to the public as provided in the statute. The Final Bid Price and the means by which that price was determined are not commercial data and may not be included in any request for confidentiality. EVALUATION OF BIDS Town Discretion: The Town reserves the right to cancel the Invitation to Bid; reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received; when it is in the Town's best interest to do so. The Town of Estes Park reserves the right to accept the Bid which in the opinion of the Town will best suit the Town's purpose. Contracts will be awarded only to responsible Bidders capable of performing the class of work contemplated. The Bidder shall furnish a complete statement of the Bidder's experience and of the amount of capital and equipment available for the proposed work on the Bidder's Qualification and Data form. Irregular Bids: Bids may be rejected if they show any omission, alteration of form, additions not called for, conditional Alternate Bids, or irregularities of any kind which, in the opinion of 18 the Town, tend to make the Bid indefinite or ambiguous. The Town will reject bid schedules with prices which are obviously unbalanced, in the Town’s determination. Collusion: Bids will be rejected if there is reason for believing that collusion exists among the Bidders. Participants in such collusion are subject to suspension and debarment. Pre-qualification of Bidders: For certain projects, the Town may require potential bidders to submit information regarding the bidders' qualifications in addition to the Bidder’s Qualification and Data. The requirement for such information will be identified in the Invitation to Bid or elsewhere in the Bid Documents. Any information requested by or on file with the Town may be used to qualify or disqualify potential bidders. Prior to the Award of Contract, the Town will notify the Bidder in writing if the Town, after due investigation, has reasonable objection to any person or organization on such list. If the Town, in its sole discretion, has a reasonable objection to any person or organization on such list, and refuses in writing to accept such person or organization, the Bidder shall submit an acceptable substitute Subcontractor, at no additional cost to the Town. AWARD OF CONTRACTS Any or all Bids may be rejected or informalities in bids may be waived at the option of the Town. The award of the Contract is contingent upon securing an acceptable Bid which will fall within the amount of funds available for construction of the project, or the acquisition of contracted services. Lowest Responsive and Responsible Bidder: In determining Lowest Responsive and Responsible Bidder, in addition to price, the factors listed herein will be considered. A Bid may 19 be rejected if, in the judgment of the Town, the Bidder does not comply with or meet the criteria defined in one or more of the following factors: 1. The ability, capacity and skill of the Bidder to perform the Contract or provide the services required. 2. The ability of the Bidder to perform the Contract or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience and efficiency of the Bidder, to be determined at the sole and absolute discretion of the Town. 4. The quality of performance on previous Town contracts or services. Failure on the part of any Bidder to carry out a previous contract satisfactorily shall be deemed sufficient cause for disqualification. 5. The experience of the Bidder and the availability of equipment necessary to complete the current project. Sufficient cause for disqualification of the Bidder will exist if, in the Town's opinion, the Bidder does not have adequate experience or equipment to properly perform the Work under the Contract. 6. The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the service. 7. The quality, availability, and adaptability of the supplies or contractual services to the particular use required. 8. The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract. 9. Debarment or suspension pursuant to a prior Town determination. ACCEPTANCY OF BIDS AND ITS EFFECT The Town will act upon the Bids with reasonable promptness after the opening of the Bids. The acceptance of a Bid will be a written Notice of Award signed by the duly authorized representative of the Town. No other act of the Town shall be necessary to constitute acceptance 20 of a Bid. The acceptance of a Bid binds the successful Bidder to execute the required Construction Contract and take all action necessary to fulfill the Contract. REQUIREMENTS FOLLOWING NOTICE OF AWARD The successful Bidder shall, within ten calendar days of receiving the Notice of Award, or by such time as modified by the Special Conditions, execute the Construction Contract and furnish the Performance Bond and the Material and Labor Payment Bond. Acceptance of the Contract shall be subject to approval by the Town. Unless previously requested or waived by the Project Manager, the successful Bidder shall submit the following information to the Town’s Project Manager within ten calendar days of receiving the Notice of Award: 1. A designation of the work to be performed by the Bidder with the Bidder's own forces. 2. The proprietary names and the suppliers of principal items or systems of material and equipment proposed for the work. 3. A proposed schedule of construction and estimated monthly payments. 4. The Bidder will be required to establish to the satisfaction of the Town, the reliability and responsibility of the proposed Subcontractors to furnish and perform the Work described in the Sections of the Specifications pertaining to such proposed Subcontractor's respective trade. 5. If the Contract includes federal or grant funding, the Bidder will be required to show proof of registration with SAM.gov. 6. Proof of possession of a current Town of Estes Park Business License (and any other licenses required by the Bid Documents) for the Contractor and all subcontractors). 21 DAMAGES FOR FAILURE TO EXECUTE Any Bidder whose Bid is accepted will be required to execute the Contract and furnish the Performance Bond and Material and Labor Payment Bond within ten days after written notice that the Contract has been awarded to the Bidder, or by such time as modified by Special Conditions. Failure to do so shall constitute a breach of the Contract effected by the acceptance of the Bid. The damages to the Town for such breach will include loss from interference with the construction program and other items, the monetary values of which will be difficult or impossible to quantify. Where required, the amount of the Bid Guarantee accompanying the Bid shall be retained by the Town as reasonable liquidated damages and not as a penalty for such breach. The Town is authorized, the same as if the Bid Guarantee or Bid contained an expressed stipulation to that effect, to cause such work to be done, or complete the work in-house, or contract with some other Contractor to do so, and/or compute the difference between actual cost to the Town of such improvements and the sum which it would cost if the defaulting Bidder complied with the Bid. RIGHT TO INSPECT The Town may, at reasonable times, inspect the part of the plant, place of business or worksite of the Bidder or the Bidder's subcontractors at any tier which is pertinent to the performance of the award of the Contract. BID PROCESS SUBJECT TO PURCHASING CODE Bidding shall be conducted subject to state statutes and the Town of Estes Park Municipal Code and ordinances. 22 LAWS TO BE OBEYED Bidders shall familiarize themselves with the provisions of the laws of the State of Colorado and the Federal Government, and with all local laws and all regulations made which are pertinent to the proposed work and shall comply with the same. EQUAL OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, gender identity, sexual orientation, or national origin, or other reason prohibited by applicable federal, state or local law, ordinance or regulation. The Contractor shall abide by all federal laws in effect during the Contract period which govern Equal Opportunity Employment. LOCAL LABOR AND MATERIALS Preference shall be given to employment of Colorado labor pursuant to §8-17-101 and 102, C.R.S., as amended. Pursuant to statutory authority, preference shall be given to materials, supplies, and provisions produced, manufactured, or grown in Colorado, quality being equal to articles offered by competitor outside the state (§8-18-101 through 103, C.R.S., as amended). TIME OF COMPLETION TIME IS OF THE ESSENCE and the Bidder agrees to complete the project within the stated time, as defined in the Construction Contract. The Bidder also agrees to comply with all completion dates specified in the Bidding and Contract Documents. 23 BIDDER'S QUALIFICATIONS AND DATA The signatory of this Statement guarantees the truth and accuracy of all statements and of answers to all questions herein. All questions must be answered clearly and comprehensively. If necessary, separate sheets may be attached. The Bidder may submit additional information. Failure to complete and return this Statement may render a bid non-responsive. Name of Bidding Firm: Main office address: Phone: Fax # The Bidder is organized as a (corporation/partnership/other): in the state of: Bidder's federal tax identification number (TIN): General character of work performed by your organization and brief history of operations: Does your firm have any officer, director, or agent who is also an officer or employee of the Town of Estes Park? Are there any Town of Estes Park agents or employees who own, directly or indirectly an interest in the bidder’s firm or any of its branches? Bonding Limit: $ Bonding Company: Phone # Address: The Town has a right to request financial statement(s) and other relevant information. Are you willing to submit such information at the Town’s request? Submitted by: Date: (Person submitting bid) 24 Qualifications 1. How many years have you been in business under your present firm or trade name? a. Under other names? 2. Have you or your organization, or any office or partner thereof, failed to complete a contract? a. ___Yes ___No 3. Within the last five years, has your organization been assessed liquidated damages for failing to complete a contract within the time specified? a. ___Yes ___No 4. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five years? a. ___Yes ___No 5. Does your organization have any outstanding judgments, demands, or liens resulting from violating State Labor laws, Colorado Revised Statutes, Civil or Criminal decisions? a. ___Yes ___No 6. Have there been any suits, liens, or surety claims against you or your organization over the past five years for non-payment of sums due subcontractors or suppliers for work completed? a. ___Yes ___No 7. Has your organization been cited for violations of OSHA standards and requirements within the past five years? a. ___Yes ___No 8. Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any department or agency? a. ___Yes ___No 9. Have you ever been debarred or suspended by a government from consideration for the award of contracts? a. ___Yes ___No 25 Please explain all questions answered “yes” in the section above on a separate sheet of paper. Include where and why, if applicable. Note that your answers do not necessarily disqualify your bid. For example, it is not uncommon for contractors of large projects to be charged liquidated damages in certain cases. Firm Background and Experience  Total number of employees:  Total number of licensed professionals:  Proposed Superintendent: Title: Relevant degrees and/or certifications:  Principals List directors, officers, owners, managerial employees, or partners, and identify the ownership interest of each: 26  Experience List the experience of the principal members of your organization. If preferred, resumes may be submitted in lieu of form entry. Name: Title: Background/ Years’ Experience: Relevant degrees and/or certifications: Name: Title: Background/ Years’ Experience: Relevant degrees and/or certifications:  Similar Projects List three projects of similar scope and budget to this project that your organization has performed work on: Project Name: Cost: Location: Reference Name: Phone: Project Name: Cost: Location: Reference Name: Phone: 27 Project Name: Cost: Location: Reference Name: Phone:  Contract(s) on Hand List projects your organization is undertaking that will be concurrent with the Town’s bid schedule. Include the anticipated completion date. Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: 28 SUBCONTRACTORS AND RELATED DATA For each Subcontractor to be utilized, please provide the following information (use additional sheets as necessary). Please indicate what percentage of the Work to be assigned. Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % 29 BID PROPOSAL PROJECT: Events Center Metal Building Design and Installation 1. In compliance with the Invitation to Bid, and subject to all conditions thereof, the undersigned: [Select one] a corporation incorporated in the State of -OR- a partnership or limited partnership, registered in the State of , whose general partner(s) is/are: -OR- a sole proprietor, whose trade name is _______________________________________________ based in the City/Town of , State of _____, offers this Bid Proposal for the construction of all items listed at the prices shown on the following bid schedule. (The attached bid schedule lists the various divisions of construction contemplated in the Plans and Specifications, together with an estimate of the units of each. With these units as the basis, extend each item, using the cost inserted in the unit column. Any total cost found inconsistent with the unit cost when the Bids are examined will be deemed in error and corrected to agree with the unit cost. Alternate Bids are optional). 2. The undersigned Bidder declares and stipulates that this Bid is made in good faith, without collusion or connection with any other person or persons bidding for the same Work, and that it is made subject to all the terms and conditions of the Invitation to Bid, Instructions for Bidders, Construction Contract, General Conditions, Special Conditions, the Technical 30 Specifications, and the Plans pertaining to the Work to be done, all of which have examined by the undersigned. 3. The undersigned Bidder agrees to execute the Construction Contract, a Performance Bond and a Labor and Material Payment Bond within ten calendar days from the date when the written Notice of Award is delivered at the address given on this Bid Proposal. The Performance Bond and Labor and Material Payment Bond shall each be for the amount of the total of this Bid. The name and address of the corporate surety through which the Bidder proposes to furnish the specified Bonds is as follows: (Name and Address of Surety) 4. The submission of the Bid constitutes an agreement, and it shall not be withdrawn after the Bid Opening for a period of thirty days. 5. All the various phases of work enumerated in the Contract with individual jobs and overhead, whether specifically mentioned or not, are included by implication or appurtenance in the Contract. The Contractor shall perform all the various phases of work under one of the items listed in the bid schedule, irrespective of whether it is named in the schedule. 7. Payment for the Work performed will be according to the bid schedule, subject to changes as provided in the Contract. 8. The undersigned Bidder hereby acknowledges receipt of addenda numbers ___ through ___. ________________ Initials 31 The undersigned, being familiar with the existing conditions on the project area affecting the cost of the Work, the Bidding Documents and the Contract Documents, and having verified the quantities and the availability of materials and labor, hereby proposes to furnish all supervision, labor, materials, machinery, tools, appurtenances, equipment, supplies, and services, including utility and transportation service required to construct and complete the Project listed above, according to the Contract, within the time specified, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract of which this Bid is a part. (The approximate quantities of Work to be completed in-place under the Contract are identified in the bid schedule and are for the purpose of comparing Bids. These quantities have been estimated and the quantities used are for the general information of the Bidder, representing the major items of the Work to be done. Minor details are not listed but shall be part of the complete Contract). 9. The undersigned agrees to hold firm the Bid for thirty days for the purpose of the Town reviewing the Bids and investigating the qualifications of the Bidders prior to award of Contract. Extensions of time may be made if mutually agreed upon. 10. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Town of Estes Park in verification of the recitals in this statement. 32 This proposal is submitted by: _________________________________________ Company Representative By: Date Title: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2026, by ______________________________, as _____________________________ of ______________________________. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official seal. My Commission . Notary Public 33 FEE PROPOSAL Project Name: Contractor Name: Contractor Point of Contact: Phone #: Email: Contractor is required to provide a cost proposal with a list of materials, equipment, supplies and labor required to complete the scope of work (Include general conditions, O&P, etc, if not added into costs). Contractor is to provide any exclusions from the identified Building Requirements, Deliverables, or General Conditions outlined on pages 3 and 4. Also, the contractor should identify any additional services that are included, if not identified on pages 3 or 4. CONSTRUCTION TIMELINE # of days from contract execution to start of design: Anticipated duration of completed permit set: Materials/Equipment with longest lead time: Estimated lead time on materials with longest lead time (days): # of days from permit approval to start of project mobilization: # of days from project start to substantial completion: Contractor must submit a Gannt chart or equivalent construction schedule timeline based on an estimated Notice to Proceed date of Wednesday, May 13, 2026. 34 CONSTRUCTION CONTRACT (to be finalized upon contractor award notification) Events Center Metal Building Design and Installation THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of Estes Park, Colorado (Town), a municipal corporation, and Contractor Name, a Type of Corporation, whose address is Address, City, State, Postal Code. In consideration of these mutual covenants and conditions, the Town and Contractor agree as follows: SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract Documents. CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents. In resolving inconsistencies among two or more of the Contract Documents, precedence will be given in the same order as enumerated. LIST OF CONTRACT DOCUMENTS. The Contract Documents, except for Modifications and Change Orders issued after execution of this Agreement, are: 1. Change Orders; 2. Construction Contract; 3. The following addenda, if any: i. Number Date Page(s) 4. The following Special Conditions of the Contract: i. Included in this Invitation to Bid (pg XX) 35 5. General Conditions; 6. The following Drawings and Technical Specifications: i. Document Title Page(s) 7. Notice to Proceed; 8. Notice of Award; 9. Invitation to Bid 10. Bid Bond; 11. Bid Proposal; 12. Instructions to Bidders; 13. Performance Bond and Payment Bond; 14. Insurance Certificates; 15. Construction Progress Schedule; and 16. Any other documents listed as Contract Documents in the General Conditions. CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the completion of the Project according to the Contract, subject to change orders as approved in writing by the Town, under the guidelines in the General Conditions. The Town will pay the base sum of XXX DOLLARS (Contract Price spelled out), to the Contractor, subject to full and satisfactory performance of the terms and conditions of the Contract. The Town has appropriated sufficient money for this work. COMPLETION OF WORK. The Contractor must begin work covered by the Contract within 30 days from the Notice of Award ( based on current lead times of equipment and materials), and must achieve Substantial Completion within 60 days from and including the date of Notice to Proceed, according to the General Conditions. LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within the time period described above, or within such other construction time if modified by a change order, the Town may permit the Contractor to proceed, and in such case, may deduct the sum of $XXX for each calendar day that the Work shall remain uncompleted from monies due or that 36 may become due the Contractor. This sum is not a penalty but is the cost of field and office engineering, inspecting, interest on financing and liquidated damages. The parties agree that, under all of the circumstances, the daily basis and the amount set for liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for delay. The Town expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of Estes Park incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms are impossible to measure. SERVICE OF NOTICES. Notices are given if sent by registered or certified mail, postage prepaid, to the following address: TOWN OF ESTES PARK: Derek Pastor, PMP Project Manager 170 Macgregor Ave Estes Park, CO 80517 970-577-3957 dpastor@estes.org CONTRACTOR: Enter name, title & address of contractor INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor obtains, at the Contractor's own expense, all required insurance as specified in the General Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form and amount. RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save harmless, and defend the Town, its officers and employees, from and in all suits, actions or 37 claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the Town under the Contract; the Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so much of the money due the Contractor under the Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that the Contractor and the Town are adequately protected by public liability and property damage insurance. The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insureds, the Contractor agrees to pay for the cost of that defense. Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under the Contract. STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as an independent contractor and not as an agent or employee of the Town. No employee or official of the Town will supervise the Contractor nor will the Contractor exercise supervision over any employee or official of the Town. The Contractor shall not represent that it is an employee or agent of the Town in any capacity. The Contractor and its employees are not entitled to 38 Workers' Compensation benefits from the Town and are obligated to pay federal and state income tax on money earned pursuant to the Contract. This is not an exclusive contract. THIRD-PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give or allow any claim, benefit, or right of action by any third person not a party to the Contract. Any person except the Town or the Contractor receiving services or benefits under the Contract shall be only an incidental beneficiary. INTEGRATION. The Contract is an integration of the entire understanding of the parties with respect to the matters set forth in it, and supersedes prior negotiations, written or oral representations and agreements. DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless modified within a Contract Document. EXECUTED this _____ day of _____________, 2026. (Signature pages to follow.) 39 TOWN OF ESTES PARK By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2026. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney 40 CONTRACTOR By: Date Title: _______________________________ (Select the appropriate jurat statement from the choices below) [IF CONDUCTING BUSINESS WITH A CORPORATION, USE THIS JURAT FORM BY PRESSING DELETE TO DELETE THIS PROMPT AND THEN F11 TO CONTINUE. 41 State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) as of (Title of party signing) (Name of corporation) a corporation, on behalf of the corporation, this (State of incorporation) day of , 2026. Witness my hand and official Seal. My Commission expires . Notary Public 42 [IF CONDUCTING BUSINESS WITH A LIMITED LIABILITY COMPANY (LLC), USE THIS JUTAT FORM BY PRESSING DELETE TO DELETE THIS PROMPT AND THEN F11 TO CONTINUE. State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) a member/partner/manager/limited partner/agent (select one) on behalf of (Name of limited liability company) a limited liability company, this day of , 2026. Witness my hand and official Seal. My Commission expires . Notary Public 43 CONSTRUCTION CONTRACT GENERAL CONDITIONS Since the General Conditions are general, some conditions may not apply to a particular Project. Article 1- DEFINITIONS AND ABBREVIATIONS 1.1 Definitions: Whenever used in the Bidding Documents and Contract Documents, the following terms shall have the following meanings, applicable to both the singular and plural: 1.1.1 Addenda: Written changes to the Bidding Documents issued at least two days before the Opening of Bids which modify or interpret the Contract or changes the date set for the Opening of Bids. 1.1.2 Alternate Bid: An Alternate Bid is an amount stated in the Bid added to or deducted from the base amount of the Bid when the Town accepts a corresponding change in project scope, materials or method of construction described in the Contract. 1.1.3 Bid: The proposal the Bidder submits on the prescribed Bid Forms stating the prices for the Work to be performed. 1.1.4 Bid Forms: The Bid Proposal, Bid Bond, Bid Schedule, Bidder's Qualifications and Data, and Subcontractors and Related Data. 1.1.5 Bidder: The person, partnership, or corporation submitting a Proposal for the performance of the Work covered by the Contract. 1.1.6 Bidding Documents: The Invitation to Bid, Instructions for Bidders, Bid Forms, Specifications, Drawings, Construction Contract Template, Special and General Conditions and Addenda (if any). 1.1.7 Bonds: Bid Bonds, Performance Bonds, and Labor and Material Payment Bonds or other instruments of security, furnished by the Contractor and its Surety according to the Contract. 1.1.8 Calendar Days: Includes all days in a month including weekends and holidays. 1.1.9 Change Order: A written modification of the Contract, issued after award to the Contractor, authorizing an addition, deletion or revision in the Work within the general scope of the Contract or authorizing an adjustment in the Contract Price or Contract Time, mutually agreed upon between the Town and the Contractor. 44 1.1.10 Town: The Town of Estes Park, in the State of Colorado, acting by and through its Mayor, Town Board of Trustees, Town Administrator, or other authorized representative. 1.1.11 Completion Date: The date the Contract specifies the Work is to be completed. 1.1.12 Contract: The Construction Contract consisting of the Agreement for a Construction Contract and the incorporated Contract Documents. 1.1.13 Contract Coordinator: The authorized representative of the Town designated to act for the Town in processing the Award of Contracts, maintaining centralized official Contract documentation, providing administrative liaison/coordination, legal liaison/coordination via Town Attorney, and processing of Contract Payment authorizations as approved by the Project Manager. The Project Manager may also be the designated Contract Coordinator. 1.1.14 Contract Documents: All the documents expressly incorporated into the Construction Contract, including but not limited to Exhibits to this Agreement, General Conditions, Special Conditions, Drawings, Supplemental Drawings and Schedules, Technical Specifications, Bidding Documents, Change Orders, Notice of Award, Notice of Final Acceptance, Notice of Construction Acceptance, Notice to Proceed, and Notice of Substantial Completion. 1.1.15 Contract Price: The total monies payable to the Contractor under the terms and conditions of the Contract. 1.1.16 Contract Time: The amount of time between beginning of Work as set out by the Notice to Proceed and the time set in the Contract for the Completion of Work 1.1.17 Contractor: The person, company, firm or corporation contracting with the Town to construct, erect, alter, install or repair any work or construction project. 1.1.18 Drawings: The part of the Contract prepared or approved by the Project Manager showing the characteristics and scope of the Work to be performed. 1.1.19 Date of Contract: The execution date in the Agreement for a Construction Contract. 1.1.20 Day: A calendar day of twenty-four hours each. 1.1.21 Field Order: A written order directing a change in the Project issued by the Project Manager to the Contractor during construction. 1.1.22 Inspector: The Town's authorized representative assigned to make detailed inspection of the Work performed by the Contractor. 45 1.1.23 Notice of Award: The written notice of the acceptance of the Bid from the Town to the successful Bidder. 1.1.24 Notice of Construction Acceptance: The written acknowledgment that construction is complete which starts the warranty period. 1.1.25 Notice of Final Acceptance: The written acceptance of Work performed under the Contract, following satisfactory conclusion of the warranty period. 1.1.26 Notice of Final Settlement: The notice published by the Town in a newspaper, in accordance with §38-26-107, C.R.S., prior to the Town’s final settlement with the Contractor for the Work. 1.1.27 Notice to Proceed: The written notice by the Town to the Contractor authorizing it to proceed with the Work which establishes the Contract commencement and Contract Coordinator. 1.1.28 Notice of Substantial Completion: The written notice of the date, as certified by the Project Manager, when the Project or a specified part is sufficiently completed, according to the Contract, so the Project or specified part can be used for the intended purposes. 1.1.29 Owner: The Town; see 1.1.9. 1.1.30 Project: The undertaking to be performed as provided in the Contract. 1.1.31 Project Manager: The authorized representative of the Town, known as the Project Manager, assigned to the Project to ensure that all Work is performed according to the terms and conditions of the Contract. The Project Manager may serve as Contract Coordinator, and such titles may be used synonymously. Also see Article 10, "Project Manager's Responsibilities." 1.1.32 Shop Drawings: All Drawings, diagrams, illustrations, brochures, schedules, and other data prepared by the Contractor, a Subcontractor, manufacturer, Supplier or distributor which illustrate how specific portions of the Work will be fabricated or installed. 1.1.33 Special Conditions: Additions to the General Conditions containing instructions and conditions specific to an individual Project. 1.1.34 Specifications: A part of the Contract Documents consisting of written technical description of materials, equipment, construction systems, standards, and workmanship. 1.1.35 Subcontractor: Any person, company, firm or corporation, having a contract with the Contractor to furnish and perform on-site labor, with or without furnishing materials for the project. 46 1.1.36 Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. 1.1.37 Surety: The entity which is bound with and for the Contractor for the Performance of the Work and for the Labor and Material Payment Bond. 1.1.38 Unit Price: An amount stated in the Bid as a price per unit of measurement for materials or services as described in the Contract. 1.1.39 Work: The construction and services required by the Contract, whether completed or partially completed, including all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may be the whole or a part of the Project. 1.1.40 Work Days: Includes all days in the month the Contractor is permitted to work; excludes weekends and holidays, unless otherwise specified in one of the Contract Documents. 1.2 Abbreviations: When the following abbreviations appear in the documents, they are defined as follows: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADA Americans with Disabilities Act AISC American Institute of Steel Construction ANSI American National Standards Institute ASA American Standards Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWWA American Water Works Association CDOT Colorado Department of Transportation EPA Environmental Protection Agency MUTCD Manual on Uniform Traffic Control Devices OSHA Occupational Safety & Health Administration 47 WW-P Federal Specifications Prefix Article 2 - PRELIMINARY MATTERS 2.1 Notice to Proceed 2.1.1 Following the execution of the Contract by the Parties, the Project Manager will give the Contractor written Notice to Proceed with the Work. The Contractor shall begin and continue the Work regularly and without interruption (unless otherwise directed in writing by the Project Manager) with the diligence and efficacy necessary to complete the Work within the time stated in the Contract. 2.2 Contractor's Understanding 2.2.1 The Contractor agrees that, by careful examination, it is satisfied as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed before beginning and for the Project, the general and local conditions, and all other matters, which can in any way affect the Work under the Contract. No oral agreement with any officer, agent or employee of the Town either before or after the execution of the Contract shall affect or supersede any of the terms or obligations contained in the Contract. No portion of the Work shall be constructed under conditions that would affect adversely the quality or efficiency thereof unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. Any method of work suggested by the Town, but not specified, shall be used at the risk and responsibility of the Contractor, and the Town shall have no responsibility therefor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the plan, equipment, and methods. 2.3 Contractor's Warranty 2.3.1 The Contractor warrants that it has the knowledge, ability, experience, and expertise to perform the Work competently. The Contractor warrants the capacity of the Contractor's construction plant, personnel, and its ability to complete the Project within the allotted time. 2.4 Contractor's License and Permits 48 2.4.1 The Contractor will obtain all licenses and permits required to do the Work. Whenever necessary, the Contractor will have a Building Contractor's License with the Town by the time of Notice of Award. It will have all permits required by the Town, as well as those required by County, State and Federal agencies. Subcontractors shall also have a Town of Estes Park Building Contractor's License and the proper permits. 2.5 Schedules, Reports, and Records 2.5.1 No later than the pre-construction meeting, the Contractor shall submit to the Project Manager a Construction Progress Schedule, on a form approved by the Project Manager, showing all Work the Contractor and all Subcontractors will perform. The Project Manager may require the Contractor to substitute a Critical Path Method schedule (CPM), or bar graph type schedule. The Special Conditions will state when a CPM network schedule is required. 2.5.2 The schedule shall be in enough detail for the Project Manager to readily determine the Work to be performed each day. When requested by the Project Manager, the Contractor shall update the schedule. 2.5.3 Before beginning construction, the Contractor shall give the Project Manager the dates it expects to submit Shop Drawings, manufacturers' details, catalog cuts or other required special detail Drawings and also the dates of beginning manufacture, testing, delivery and installation of special equipment and materials. If at any time the Work is behind schedule, the Contractor shall immediately put into effect definite procedures for getting the Work back on schedule. The procedures shall be subject to review and modification by the Town. The Contractor shall not be allowed extra compensation for costs incurred because of accelerated operations required to maintain the schedule. 2.6 Contractor's Address 2.6.1 The address in the Bid Proposal is designated as the place to which all communications to the Contractor will be delivered or mailed. The delivery at the listed address, in person or by certified mail, of any notice, letter or other communication to the Contractor, is adequate service upon the Contractor, and the date of the service is the date of delivery. 2.7 Notification of Utility Owners 2.7.1 The Contractor shall cooperate with Utility Owners to mitigate damage whenever the Contractor's work affects their utilities. 49 2.7.2 The Contractor shall not excavate without first notifying the owners, operators or association of owners and operators having underground facilities in the area of such excavation. Notice may be given in person, by telephone or in writing. Notice to an association is notice to each member of the association. If the Contractor is digging deep or even just a few inches, the Contractor must contact Colorado 811 to have underground utilities marked, by calling 811. iDig811 is designed for residential and professional excavators to easily and quickly submit a utility request online. 2.7.3 Contractor shall give notice of the commencement, extent, and duration of the excavation work at least two business days before beginning Work. 2.7.4 If the Project affects fences, landscaping, mailboxes, driveways and other privately-owned improvements, the Contractor shall notify the affected property owners or occupants in writing at least two business days before beginning Work. The Contractor shall submit to the Project Manager written approval from the property owner if use of the property for storage or staging is requested. The Contractor shall cooperate with the owners or occupants to reduce inconvenience where reasonably possible. 2.8 Department of Revenue Forms 2.8.1 Materials and equipment purchased solely for Town projects, that will become a permanent part of the final project, are tax exempt. The Contractor and all subcontractors shall use the Town’s Tax Exemption Numbers when purchasing materials or supplies in connection with the Project. 2.8.2 The Town's Tax Exemption Numbers are as follows: a. Federal Tax Exemption Number: 84-6000661 b. State of Colorado Tax Exemption Number: 98-00492 Article 3 - DRAWINGS AND SPECIFICATIONS 3.1 Intent of Drawings and Specifications 3.1.1 In the Drawings and Specifications, the Town intends that the Contractor furnish all superintendence, labor, materials, tools, equipment, supplies, machinery and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work shown on the Drawings and described in the Specifications and 50 all incidental Work reasonably necessary to complete the Project in a substantial and acceptable manner, and to complete fully the Work, ready for use, by the Town. 3.1.2 The Contractor shall complete all Work according to the Specifications and Plans, and in compliance with applicable laws of Colorado and ordinances of the Town. 3.1.3 In interpreting the Contract, words describing materials or work having a well-known technical or trade meaning, unless otherwise specifically defined, will be construed according to well-known meanings as recognized by engineers, architects, and the trades. 3.1.4 When the Contract refers to a provision of the General Conditions or another Contract Document, the Contract means the provision as amended or supplemented by other provisions of the Contract. 3.1.5 When the Specifications state the words "as directed," or "as required," or "as permitted," or words of like meaning, it is understood that the direction, requirement or permission of the Project Manager is intended. Similarly, the words approved, acceptable or satisfactory shall refer to approval by the Project Manager. 3.1.6 The Contract Documents are intended to be complementary, and Work called for on any Drawing and not mentioned in the Specifications, or Work described in the Specifications and not shown on any Drawing, is included under the Contract as if set forth in both the Specifications and Drawings. 3.2 Copies of Drawings and Specifications Furnished 3.2.1 The Project Manager will furnish to the Contractor, free of charge, up to four copies of Drawings and Specifications of the Work. 3.3 Discrepancies in Drawings 3.3.1 Contractor shall immediately report any discrepancies found between the Drawings and Specifications and site conditions or any errors or omissions in the Drawings or Specifications to the Project Manager, who shall promptly correct such error or omission in writing. Any affected Work done by the Contractor after discovery of such discrepancies, errors or omissions and affected by those is done at the Contractor's risk. In all cases, the Project Manager shall decide the intent of the Drawings and Specifications. The decision is final. 3.4 Dimensions 51 3.4.1 Figured dimensions shall govern over scaled dimensions. 3.5 Drawings and Specifications at Job Site 3.5.1 The Contractor shall keep one complete set of all Drawings and Specifications at the job site, available to the Project Manager or the Manager's representative at all times. 3.6 Shop Drawings 3.6.1 The Contractor shall provide Shop Drawings, settings, schedules, and such other Drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Project Manager's instructions. 3.6.2 The Contractor shall submit for approval electronic copies of all Shop Drawings and descriptive data as applicable showing all features not fully detailed on the Contract Plans but essential for a completely coordinated installation. 3.6.3 The Town's approval of Shop Drawings indicates only that the type and kind of equipment, general method of construction or detailing are satisfactory, but the Contractor may not construe the approval as a complete check. The Contractor has the responsibility for incorporating into the Work satisfactory materials and equipment meeting the requirements of the Contract Plans and Specifications, the proper dimensions, and the detailing of connections. 3.6.4 The review of Shop Drawings is only to check for compliance with the design concept of the Project and general compliance with the Contract Documents. Approval does not indicate the waiver of any contract requirement. Changes in the Work are authorized only by separate written Change Order. 52 3.7 Record Documents 3.7.1 The Contractor shall keep one record copy of all Addenda, Change Orders, Drawings, Field Orders, Modifications, and Shop Drawings and Specifications in good order. The Contractor shall record any changes made during construction on the record copies. The Contractor shall make a set of "Record Drawings" by marking this set of prints with all changes from the original Drawings as bid, including all Change Orders, alignment changes, depth changes of underground pipes and utilities, and all other items that are not the same as originally drawn. The Contractor shall keep the Record Drawings up to date as the Project progresses. The Project Manager may require, as a condition of the approval of the monthly progress payment, periodic inspection of the Record Drawings. The Contractor will deliver the Record Drawings to the Project Manager upon completion of the Project before Final Payment. 3.8 Differing Site Conditions 3.8.1 The Contractor shall promptly, before such conditions are further disturbed, notify the Project Manager in writing of: 3.8.1.1 Subsurface or latent physical conditions at the job site differing materially from those indicated in the Contract; or 3.8.1.2 Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract. 3.8.2 Upon receipt of written notification from the Contractor of alleged differing site conditions, the Project Manager shall promptly investigate the conditions and if it finds the conditions materially differ, and so cause an increase or decrease in the Contractor's cost of or the time required for performance of any part of the Work under the Contract, an equitable adjustment will be made and the Contract modified in writing as provided for in Article 11 of these General Conditions. 3.8.3 No claim will be allowed under this Article unless the Contractor has given the written notice required in Article 3.8.1. 3.8.4 No claim will be allowed under this Article if Final Payment has been made. 3.9 Surveys 53 3.9.1 The Project Manager has the option to develop and arrange for detail surveys through a separate contract if deemed desirable or necessary and if specifically noted as such in the Special Conditions, otherwise the Contractor shall provide all survey required to construct the Project according to the Project documents. The Contractor assumes full responsibility for construction according to the proposed lines and grades. 3.9.2 The Contractor shall carefully protect all monuments and property markers from disturbance or damage. Article 4 - USE OF LAND AND RIGHT-OF-WAY 4.1 Acquisition of Right-of-Way 4.1.1 Before issuance of Notice to Proceed, the Town shall obtain all land and right-of-way necessary for carrying out and completion of the Work to be performed pursuant to the Contract, unless otherwise mutually agreed. .1.2 The Town shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired, when necessary. The Contractor shall confine its operations within the areas designated by the Project Manager. 4.2 Access to Right-of-Way 4.2.1 The Town will provide right of access to all places necessary for the performance of the Work. Nothing contained in the Contract shall give the Contractor exclusive occupancy of the area provided by the Town. The Town, other Contractors of the Town and utility companies may enter upon or occupy portions of the land furnished by the Town for any purpose, but without unreasonably interfering with the completion of the Project. Joint occupancy or use of the territory shall not be the basis of any claim for delay or damages. 4.2.2 The responsibility for protection and safekeeping of equipment and materials on or near the site is entirely that of the Contractor, and no claim shall be made against the Town by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access to the sites occupied by these stored materials and equipment, the Contractor shall immediately move the same. No materials or equipment may be placed upon the Town’s property until the Town has agreed to the location contemplated by the Contractor to be used for storage. 54 4.3 State Highway Right-of-Way 4.3.1 If any part of the Project is within the right-of-way of a roadway under the jurisdiction of the Colorado Division of Transportation (CDOT) the Town shall obtain the necessary permits from CDOT to perform such Work. The Contractor shall conform to all the requirements and restrictions indicated on the permit. The Contractor shall restore the area to its original condition, including reseeding if necessary, at the completion of the Project. 4.4 Temporary Storage Facilities 4.4.1 The Contractor may secure at its own expense and without liability to the Town, use of any additional land that the Contractor may desire for temporary construction activities, and facilities, or storage of materials. Article 5 - BONDS AND INSURANCE 5.1 Performance Bond and Labor and Material Payment Bond 5.1.1 The Contractor shall, within ten days after receipt of the Notice of Award, and before the commencement of any operations hereunder execute the Contract and furnish the Town with separate Performance, and Labor and Material Payment Bonds each in a penal sum equal to the amount of the Contract Price, conditioned upon the Contractor's performance of all undertakings, covenants, terms, conditions, and agreements of the Contract, and upon the Contractor's prompt payment to all persons supplying labor and materials in the prosecution of the Work provided by the Contract. The Contractor and a corporate Bonding company, licensed to transact such business in the State of Colorado and acceptable to the Town, shall execute the Bonds. The Contractor bears the expense of these Bonds. If at any time the Surety on such Bonds becomes irresponsible or loses its right to do business in the State of Colorado, the Town may require another Surety, which the Contractor shall furnish within ten days after receipt of written notice to do so. Evidence of authority of an attorney-in-fact acting for the corporate Surety shall be provided in the form of a certificate as to its power of attorney and to the effect that it is not terminated and remains in full force and effect on the date of the Bonds. The form of the Bonds is subject to the Town's approval. 55 5.2 Insurance 5.2.1 The insurance requirements contained in the Contract shall not limit or redefine the obligations of the Contractor as provided elsewhere in the Contract. 5.2.2 Only insurance companies with authority to issue policies in Colorado may provide insurance coverage under the Contract. 5.3 Insurance Requirements 5.3.1 The Contractor shall purchase and maintain, for the full period of the Contract, including any warranty period, at the Contractor's or Subcontractor's sole expense, insurance policies providing coverage as follows: 5.3.1.1 Comprehensive Auto Liability: Comprehensive form, including owned, hired and non- owned automobiles. The limits of coverage shall be at least $1,000,000.00 per occurrence. The policy shall contain a severability of interests provision. The policy shall include coverage for uninsured/underinsured motorists. 5.3.1.2 Comprehensive General Liability: Commercial general liability insurance covering personal injury, bodily injury and property damage; Explosion & Collapse; Underground Hazard; Products/Completed Operations; Contractual Liability; Broad Form Property Damage; and Town's & Contractor's Protective. The limits shall be at least $1,000,000/$1,000,000 if the Contract Price is $50,000 or less and $1,000,000/$2,000,000 if the Contract Price is over $50,000. All policies shall be of the occurrence form. Any deviation from the occurrence form shall be approved by the Town of Estes Park Risk Manager. A copy of each policy and endorsement must be submitted to the Risk Manager with each certificate of insurance when a deviation is requested. 5.3.1.3 Workers' Compensation and Employer's Liability: as statutorily required for persons performing work under the Contract. Any Subcontractor hired by the Contractor shall also carry Workers' Compensation and Employers' Liability coverage. Employer's liability insurance shall have a minimum coverage of $1,000,000 per occurrence. 5.3.1.4 Builder's Risk: a Builder's Risk Policy is required in an amount not less than the Contract Price. The Contractor shall cause its insurance provider to name the Town as an additional insured. 5.3.1.5 Installation Floater: an Installation Floater Policy is required for contracts involving the installation of unique or customized equipment and for contracts involving installations that in the 56 judgment of the Town threaten to damage existing structures. The Contractor shall cause its insurance provider to name the Town as an additional insured. 5.3.2 Additional Insured Clause: The insurance coverage required for the performance of the Contract must be endorsed to name the Town of Estes Park, Colorado, a municipal corporation, its mayor and trustees, officers, agents, employees and volunteers, as additional insured with respect to the activities performed under the Contract. 5.3.3 Primary Insurance Endorsement: Pursuant to an endorsement submitted to and approved by the Town, all coverage must specifically state the insurance coverage for the Project. In no event shall an additional endorsement in the form of GL20.09 (1973-01 ed.) or any similar form be submitted or accepted. 5.3.4 Certificate of Insurance: As evidence of the insurance coverage required by the Contract, the Contractor shall furnish a certificate of insurance to the Project Manager. The certificate will specify parties who are additional insured. If the Contractor is self-insured under the laws of the State of Colorado, Contractor shall provide appropriate declarations of coverage. 5.3.5 Continuance of Insurance: For the term of the Contract, which includes any warranty periods, the Contractor shall not cancel, materially change or fail to renew the insurance coverage, and agrees to notify the Contract Coordinator of any material reduction or exhaustion of aggregate policy limits. If the Contractor fails to purchase or maintain the insurance coverage set forth in these General Conditions, the Town may deem such failure to be breach of this Contract. 5.3.6 Policy Details: Insurance required shall be with companies qualified to do business in the State of Colorado with a general policyholder’s financial rating of not less than A+3A as set forth in the most current edition of “Best’s Insurance Reports” and may provide for deductible amounts as the Contractor may deem to be reasonable for the Project, but in no event greater than Twenty Thousand Dollars ($20,000). No such policies shall be cancelable or subject to reduction in coverage limits or other modification. The Contractor shall not do or permit to be done anything that shall invalidate the insurance policies referred to in this paragraph. Article 6 – INDEMNIFICATION 6.1 Responsibility for Damage Claims: The Contractor shall indemnify, save harmless, and defend the Town, its officers and employees, from and in all suits, actions or claims of any character brought because of: any injuries or damage received or sustained by any person, 57 persons or property because of operations for the Town under the Contract; the Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so much of the money due the Contractor under the Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that it and the Town are adequately protected by commercial general liability and property damage insurance. 6.1.1 The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility for Damage Claims" agreement and if the insurer of the Contractor fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insured, the Contractor agrees to pay for the cost of that defense. 6.1.2 Nothing in the INSURANCE PROVISIONS shall limit the Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under the Contract. Article 7 - CONTRACTOR'S RESPONSIBILITIES 7.1 Control of the Work 58 7.1.1 When the Contractor is not present on the Project it shall have a Superintendent or other representative acceptable to the Town present who shall, during the absence of the Contractor, be its representative and have immediate charge of the Project. The Superintendent or representative shall have the Contractor's authority to act in its absence. The Superintendent shall ensure expeditious and competent handling of the work. A superintendent experienced in construction of the type specified and who is a permanent member of the Contractor’s organization shall be a resident at the Project throughout the construction. The superintendent shall be fully authorized to act for the Contractor and to receive whatever orders or notices may be given for the proper prosecution of the work. The Contractor’s field organization shall include an experienced staff of qualified technical personnel to handle on-site engineering, planning, and direction of all fieldwork. 7.1.2 Any person employed on the Project who fails, refuses or neglects to obey the Superintendent or Contractor's other designated representative, shall, upon the order of the Project Manager, be at once removed from the Project and not again employed on any part of the Project. 7.2 General Use of Subcontractors 7.2.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors. 7.2.2 The Contractor shall not sublet or subcontract any portion of the Work to be done under the Contract until approval of such action has been obtained from the Town. 7.2.3 The Contractor is fully responsible to the Town for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by them. 7.2.4 Nothing contained in the Contract creates any contractual relationship between any Subcontractor and the Town. 7.2.5 The Contractor shall put appropriate provisions in all Subcontracts relative to the Work to bind Subcontractors to the terms of the Contract insofar as applicable to the Work of Subcontractors, and to give the Contractor the same power to terminate any Subcontractor that the Town may exercise over the Contractor. 7.2.6 The Contractor shall make available to each proposed Subcontractor, before the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will 59 be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-Subcontractors. 7.3 Materials and Equipment Furnished by the Contractor 7.3.1 The Contractor shall furnish and pay the cost of all of the necessary materials not furnished by the Town, all the superintendence, labor, tools, equipment, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery and transportation. The Contractor shall perform all the work required for the construction of all structures listed and itemized under the Bid Schedule of the Bid in strict accordance with the plans, Specifications and requirements and any amendments thereto and supplemental plans and Specifications hereafter approved. 7.3.2 Unless otherwise provided for in the Specifications, all workmanship, equipment, materials, and articles incorporated in the Project are to be the best of their respective kinds, new and undamaged. 7.3.3 Materials, supplies or equipment to be incorporated into the Project shall not be purchased by the Contractor or any Subcontractor subject to chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by the seller. 7.3.4 The Contractor shall furnish the Project Manager, for the Manager's approval, the name of the manufacturer of machinery and other equipment for materials the Contractor contemplates incorporating in the Project. The Contractor shall also furnish information on capacities, efficiencies, sizes, etc., and other information as may be required by the Project Manager. The Contractor shall submit samples for approval when requested. Machinery, equipment, materials, and articles installed or used without the Project Manager's approval are at the risk of subsequent rejection. 7.3.5 The Contractor shall give the Project Manager an electronic copy of all shop manuals, operating manuals, parts lists, classifications, catalog cuts, Specifications, warranties and guarantees for all equipment and machinery installed. 7.3.6 Consideration of a product as an "equal" by the Project Manager may require that the manufacturer of such product furnish guarantees that extend beyond the usual product warranty 60 time. The refusal of a manufacturer to provide such guarantees is sufficient reason for rejecting the product. 7.4 Patents and Copyrights 7.4.1 The Contractor shall provide a suitable legal agreement with the patentee giving the Contractor the right to use any design, device, material, or process covered by letters patent or copyright, in the construction of the Project when the use has not been specified or required by the Drawings and Specifications. The Contractor shall file a copy of this agreement with the Town, if requested. The Contractor and the Surety shall indemnify, defend and save harmless the Town from all claims for infringements on patented design, devices, material, process or any trademark or copyright during the prosecution or after the completion of the Project. 7.4.2 If any design, device, material, process or product of a particular manufacturer covered by letters patent or copyright is specified for use by the Drawings and Specifications, the Town is responsible for any claims for infringement by reason of the use of such design, device, material, process or product of a particular manufacturer; but the Contractor shall pay any royalties or license fees required. 7.5 Existing Utilities 7.5.1 The Town has collected and shown on the Drawings available information on the location of existing underground, surface and overhead structures and utilities. However, the Town does not guarantee the results of the investigations are accurate or complete. It is the Contractor's responsibility to verify all locations of existing structures and utilities shown on the Drawings and to ascertain whether any other structures and utilities exist. 7.5.2 The Contractor shall support, and protect from injury, existing power lines, telephone lines, water mains, gas mains, sewers, cables, conduits, ditches, curbs, walks, pavements, driveways, and other structures in the vicinity of the Project which are not authorized to be removed until completion of the Project. The Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by the construction work performed by the Contractor. 7.6 Coordination with Town Departments 7.6.1 The Contractor shall always coordinate its Work with the Town of Estes Park Public Works and Utilities Departments. If it becomes necessary to close portions of any water system due to 61 construction operations, a minimum of 48 hours notification shall be given the Utilities Department and whenever possible one week's notice should be given. It is the Contractor's responsibility to ensure continuity of the utilities. 7.6.2 If Town owned electrical utilities are involved, the Contractor shall coordinate its Work with the Town of Estes Park Utilities Department. Contractors should make every effort to give the Utilities Department one week's notice of upcoming construction involving the electric services; a minimum of 48 hours notification shall be given to the Utilities Department. 7.6.3 All electrical power and water from Town owned utilities required for the Project will be provided at the Contractor's expense. 7.6.4 The Contractor shall cooperate with all other contractors who may be performing work on behalf of the Town and workers who may be employed by the Town in the vicinity of the work under the Contract and shall conduct operations to minimize interference with the work of such contractors or workers. The Contractor shall promptly make good, at the Contractor’s own expense, any injury or damage that may be sustained by other contractors or employees of the Town at the Contractor’s hands. Any difference or conflict that may arise between the Contractor and other contractors shall be resolved as determined by the Town. If the work of the Contractor is delayed because of any acts or omissions of any other contractor, the Contractor shall have no claim against the Town on that account other than an extension of time. If any part of the Contractor’s work is dependent upon the quality and completeness of work performed under another contract, the Contractor shall inspect the other contractor’s work and promptly report defects therein which render such work unsuitable for the proper execution of the work under this Contract. Failure to report such defects to the Town shall constitute the Contractor’s acceptance of such work as suitable to receive the Contractor’s work; provided, however, that the Contractor shall not be responsible for defects which develop after such inspection and which could not have been reasonably detected or foreseen. 7.7 Laws and Ordinances 7.7.1 The Contractor shall perform all obligations under the Contract in strict compliance with all federal, state, and municipal laws, rules, statues, charter provisions, ordinances, and regulations, applicable to the performance of the Contractor under the Contract. 62 7.7.2 The Contractor shall obtain all other permits and licenses required in the prosecution of the Work. 7.7.3 It is unlawful and unethical for any person to offer, give or agree to give any Town employee, Town official or former Town employee, or for any Town employee, Town official or former Town employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. 7.7.4 It is unlawful and unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor of any person associated therewith, as an inducement for the award of a subcontract or order. 7.7.5 The Contractor shall indemnify, hold harmless, and assume liability on behalf of the Town and its officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to the Contractor’s noncompliance with the accessibility standards for an individual with a disability adopted by the Colorado Office of Information Technology pursuant to section 24-85-103, C.R.S. 7.8 Protection of Persons 7.8.1 It is a condition of the Contract, and the Contractor shall make a condition of each Subcontract entered into pursuant to the Contract, that the Contractor and any Subcontractor shall not require any laborer, mechanic or other person employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. The Contractor shall comply with all applicable safety rules and regulations adopted by the United States Department of Labor Occupational Safety and Health Administration (OSHA), the Industrial Commission of the State of Colorado or the Town of Estes Park, whichever is most restrictive. The Town assumes no duty to ensure that the Contractor follows the safety regulations issued by OSHA or the State of Colorado. 63 7.8.2 For operations involving trenching, excavation or any other underground construction, the Contractor's attention is specially directed to and its Work shall conform to the Construction Safety and Health Regulations, Part P Subparagraph 1926.650-653 by OSHA, latest revision. 7.8.3 The Contractor shall always, whether or not so specifically directed by the Project Manager, take necessary precautions to ensure the protection of the public. The Contractor shall furnish, erect, and maintain at its own expense all necessary precautions for the protection of the Work and safety of the public through and around its construction operations. 7.9 Protection of Property 7.9.1 The Contractor shall continuously and adequately protect the Work from damage, injury or loss arising in connection with the Contract. It shall repair or replace at its expense any such damage, injury or loss, except such as may be directly due to error in the Contract or caused by agents or employees of the Town. It shall provide and maintain at its expense all passageways, barricades, guard fences, lights, and other protection facilities required by public authority or local conditions. 7.9.2 The Contractor is responsible for protection of all public and private property on and adjacent to the site of the Work. It shall use every precaution necessary to prevent damage to curbs, sidewalks, driveways, trees, shrubs, sod, mailboxes, fences, and other private and public improvements. It shall protect carefully from disturbance or damage all land monuments and property markers until an authorized agent has witnessed or otherwise referenced their locations, and shall not remove them until directed. 7.9.3 The Contractor shall carefully preserve all monuments, benchmarks, property pins, reference points, and stakes. The Contractor shall be charged with the expense of replacement of any such items destroyed and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or benchmarks which must be removed or disturbed shall be protected until they can be properly referenced for relocation. The Contractor shall furnish materials and assistance for the proper replacement of such monuments or benchmarks, but actual replacement shall be done by a licensed surveyor. 7.9.4 Whenever, in the opinion of the Town, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under the Contract or of adjacent structures or property, and whenever, in the opinion of the Town, an emergency has arisen 64 and immediate action is considered necessary, then the Town, with or without notice to the Contractor, may provide suitable protection by causing work to be done and material to be furnished and placed. The cost of such work and material shall be borne by the Contractor and, if the same is not paid on presentation of the bills therefore, such costs may be deducted from any amounts due or to become due the Contractor. The performance of such emergency work shall not relieve the Contractor of responsibility for any damage that may occur. 7.10 Protection of Historical Sites 7.10.1 When the Contractor's excavating operations encounter remains of prehistoric people's dwelling sites or artifacts of historical or archeological significance, the Contractor shall temporarily discontinue the operations, and immediately advise the Project Manager. The Project Manager will contact archeological authorities to determine the disposition of the items in question. When directed, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and remove them for delivery to the custody of the proper authorities. Such excavation is considered, and paid for, as extra Work. 7.11 Responsibility to Repair 7.11.1 Should any existing property be damaged, the Contractor shall immediately notify the Owner of such property. Unless authorized in writing by the owner of the property or directed by the Project Manager, the Contractor shall not attempt to make repairs. Written authorization from the owner to make repairs must be so worded as to save the Town harmless from any responsibility whatsoever relative to the sufficiency of the repairs, and to make the Town a beneficiary of that provision. The Contractor shall give the Project Manager a copy of the written authorization to make repairs. 7.11.2 When any direct or indirect damage or injury is done to any public or private property or utility by or on account of any act, omission, neglect or misconduct in the execution of the Work, the Contractor shall restore the damaged property at its own expense to a condition equal to or better than that existing before such damage or injury. 7.11.3 The Contractor shall replace any materials and equipment lost, stolen, damaged or otherwise rendered useless during the performance of Work on the Project. 7.12 Traffic Control 65 7.12.1 The Contractor shall arrange Work to disrupt traffic as little as possible. All traffic Control Devices used shall conform to the latest edition of the Manual of Uniform Traffic Control Devices, (MUTCD). Except as otherwise permitted, two-way traffic shall be maintained at all times in public roadways. At least 72 hours before starting any Work in Town right-of-way, the Contractor shall submit a detailed traffic control plan for review from the Public Works Department. The approval shall establish the requirements for closures related to the number of lanes and time of day lanes or streets may be closed. The Traffic Control Plan (TC Plan) shall include the name of the contractor, the name and phone number of the person responsible for the traffic control, the date for beginning and ending construction activity and hours of operation expected. The TC Plan should show the widths of streets involved, traffic lanes, the size and location of the Work area with distances from the curb, distance to the nearest intersection and the type and location of traffic control devices. No changes to the TC Plan shall be permitted without prior approval by the Public Works Department. 7.12.2 The Contractor shall furnish and maintain all necessary signs, barricades, lights, and flaggers necessary to control traffic and provide for safety of the public, all in compliance with the MUTCD with subsequent revisions and additions, and to the satisfaction of the Public Works Department. 7.12.3 Whenever a police officer is necessary for traffic control, the Contractor shall hire and pay a uniformed off-duty police officer with authority in the Town to direct traffic. The police department will determine the rate of pay for the officers. 7.12.4 The Contractor shall make its Traffic Control plans in concurrence with the Traffic Control requirements specifically stated in the Special Conditions. 7.13 Sanitary Regulations 7.13.1 The Contractor is responsible for providing proper health and sanitation facilities for its employees, in compliance with any rules and regulations of the State Board of Health or any other bodies having jurisdiction. 7.13.2 The Contractor shall always provide an abundant supply of safe drinking water for its employees and shall give orders against the drinking of any water known to be unsafe in the vicinity of the Project. 66 7.13.3 At convenient places, the Contractor shall provide fly-proof outside toilets which are to be maintained in a sanitary condition. Toilets shall not be permitted in any reservoir area and shall not be permitted where they may pollute a water supply. 7.14 Pollution Control 7.14.1 The Contractor shall comply with all applicable Federal and State laws, orders, and regulations concerning the control, prevention, and abatement of water pollution, air pollution, and noise pollution in all operations pertaining to the Contract whether on right-of-way provided by the Town or elsewhere. 7.14.2 The Contractor shall use construction methods that prevent release, entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes including, but not restricted to refuse, garbage, cement, concrete, sewage effluent, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. Non-regulated solid wastes shall be disposed of by methods approved under applicable laws and regulations, including, the Resource Conservation and Recovery Act (RCRA), Subtitle D, as administered by Colorado and local Health Departments and the EPA. Contaminated and hazardous materials are regulated by RCRA, Subtitles C and D. The Contractor shall notify the Colorado Department of Public Health and Environment, Larimer County Public Health, and the Estes Valley Fire Protection District if suspect materials are encountered. 7.14.3 The Contractor shall utilize methods and devices that are reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants including dust in its construction activities and operation of equipment. 7.14.4 The Contractor shall not emit dust into the atmosphere during any operations, including but not limited to: grading; excavating; manufacturing, handling or storing of aggregates; trenching; or cement or pozzolans. The Contractor shall use the necessary methods and equipment to collect, deposit, and prevent dust from its operations from damaging crops, orchards, fields or dwellings or causing a nuisance to persons. The Contractor is liable for any damage resulting from dust. 7.14.5 The Contractor may not operate equipment and vehicles with excessive emission of exhaust gases due to improper mechanical adjustments, or other inefficient operating conditions, until repairs or adjustments are made. 67 7.14.6 Burning trash, rubbish, trees, brush or other combustible construction materials is permitted only when the Contractor has any necessary burning permit from any authority having jurisdiction. Burning shall be conducted in strict conformance with the permit. 7.14.7 De-watering for structure foundations or earthwork operations adjacent to or encroaching on lakes, streams or water courses shall be done in a manner which prevents muddy water and eroded materials from entering the lakes, streams or water courses, by construction of intercepting ditches, bypass channels, barriers, settling ponds or by other approved means. Excavated materials may not be deposited or stored in or alongside lakes or water courses where they can be washed away by high water or storm runoff. 7.14.8 The Contractor may not allow waste water from aggregate processing, concrete batching or other construction operations to enter lakes, streams, water courses or other surface waters without turbidity control methods such as settling ponds, gravel-filter entrapment dikes, approved flocculation processes that are not harmful to fish, recirculation systems for washing of aggregates or other approved methods. Any waste waters discharged into surface waters shall conform to applicable discharge standards of the Colorado Department of Public Health and Environment and the Federal Government. 7.15 Stormwater Quality 7.15.1 The Contractor shall be responsible for the preservation and protection of storm water collection systems and other natural and developed drainage ways, which may be affected by Work done under the Contract. Any construction activity may be required to obtain a Stormwater Discharge Permit Associated with Construction Activity from the Colorado Department of Public Health and Environment (CDPHE). The Colorado Department of Public Health and Environment, Water Quality Control Division, can be reached at 303-692-3500 http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html ). Unless otherwise indicated, the Contractor is responsible for obtaining this permit from the Colorado Department of Public Health and the Environment. 7.15.2 The Contractor shall satisfy all environmental quality standards imposed by law and take reasonable steps to minimize the environmental impact of the work. In compliance with applicable Town, state and federal law: 68 1. The Contractor shall not pollute the water of any pond, lake, stream, ditch, or other watercourse. 2. The Contractor will implement erosion control practices and stormwater best management practices. 3. The Contractor will comply with all appropriate groundwater discharge permits associated with this project. 7.15.3 All permit requirements must be met throughout the warranty period and until Final Stabilization is reached. 7.15.4 For purposes of this Contract, the Project Manager is authorized to enforce the Estes Park Municipal Code. Any direct costs, including assessed fines, will be charged to the Contractor and appropriate deduction will be made from the Contractor’s monthly payments. 7.15.5 This work consists of constructing, installing, maintaining, and removing when required, erosion control measures during the life of the Contract or length of any permit, whichever is open longer, to prevent or minimize erosion, sedimentation, and pollution of any state waters including wetlands as defined in the Colorado Department of Transportation Standard Specifications Section 208 or 107.25, or Urban Drainage and Flood Control District (UDFCD) Volume 3 Urban Storm Drainage Criteria Manual, or Town design standards. 7.15.6 The Contractor shall coordinate the construction of temporary erosion control measures with the construction of permanent erosion control measures to assure economical, effective and continuous erosion control throughout the construction and warranty period. 7.15.7 The materials for erosion control measures shall conform to Section 208 of the Colorado Department of Transportation Standard Specifications or Urban Drainage and Flood Control District (UDFCD) Volume 3 Urban Storm Drainage Criteria Manual. 7.15.8 The Contractor is responsible for complying with the requirements of any Town development permit or approval and the Stormwater Discharges Permit associated with Construction Activity Permit from CDPHE until the permits have been formally inactivated. Contract requirements include: a. Develop a Stormwater Management Plan (SWMP) and submit to the Town for review and approval. 69 b. After Town approval of the SWMP, submit a permit application to CDPHE at least 10 days prior to the start of construction activities. c. Submit proof of issuance of a Town development permit or approval and proof of issuance of a Stormwater Discharge Permit Associated with Construction Activity to the Project Manager. During Construction: a. Keep a current copy of the SWMP on site at all times. b. Document any plan changes on the approved SWMP. c. Install Best Management Practices (BMPs) according to specifications outlined in the SWMP. d. Perform visual inspection daily. e. Perform written inspections of stormwater and erosion controls every 14 days and following each significant storm event. f. Maintain inspection records and maintenance records on-site with the SWMP at all times. g. Provide SWMP and inspection records to Town Inspector upon request. h. Maintain and modify BMPs to reflect current conditions of the job site until Final Stabilization is achieved. i. In accordance with project schedule, implement phasing of grading and temporary vegetation cover to properly manage site runoff during periods of construction inactivity. Post-Construction j. Project Manager or Designee will determine when final stabilization is reached. Final Stabilization, as defined by the State of Colorado, is reached when all soil disturbing activities at the site have been completed and a uniform vegetative cover has been established with a density of at least 70 percent or pre-disturbance levels or equivalent, permanent, physical erosion reduction methods have been employed. k. Remove all temporary BMPs. l. Inactivate Town development permit and the Stormwater Discharge Permit Associated with Construction Activity through Inactivation Notice or Notice of Transfer or Reassignment as determined by the Project Manager. 70 7.15.9 For more specific information about SWMP requirements, refer to state standards and specifications. 7.15.10 Construction sites that discharge un-permitted stormwater are in violation of the Clean Water Act, and may be subject to fines of up to $25,000 a day per violation and subject to additional civil penalties. 7.15.11 When included in the Special Conditions, the Contractor shall assign to the project an employee, or other person approved by the Project Manager to serve in the capacity of the Erosion Control Supervisor (ECS). The ECS shall be a person other than the Contractor’s superintendent, unless otherwise approved by the Project Manager. The ECS shall be experienced in all aspects of construction and have satisfactorily completed an ECS training program authorized by the Town. Certified Erosion Control Training is required for contractors responsible for installing and maintaining the BMPs. Call (303) 441-1439 to inquire about the next training opportunity. Proof that this requirement has been met shall be submitted to the Project Manager prior to start of any earth disturbance work. 7.15.12 The ECS’s responsibilities shall be as follows: a. Ensure compliance with all water quality permits in effect during the construction work. b. Directly supervise the installation, construction, and maintenance of all erosion control measures specified in the Contract and coordinate the construction of erosion control measures with all other construction operations. c. Direct the implementation of suitable temporary erosion and sediment control features as necessary to correct unforeseen conditions or emergency situations. Direct the dismantling of those features when their purpose has been fulfilled unless the Project Manager directs that the features be left in place. d. Inspect all erosion control features implemented for the project. The written inspections shall take place at least once every 14 days and after each storm event that causes surface runoff and be available for review upon request. The appropriate form for this report will be supplied by the Project Manager. The inspections shall be made during the progress of the work, during work suspensions, and until final stabilization acceptance of the work. During project suspensions, inspections shall take place at least once every 14 days, or as directed. 71 e. Attend all project scheduling meetings as required by Project Manager. f. Upon the Project Manager or Inspector’s request, implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. The criteria by which the Project Manager or Inspector initiates this action may be based on water quality data derived from monitoring operations or by any anticipated conditions (e.g., predicted storms) which the Project Manager or Inspector believes could lead to unsuitable water quality situations. 7.15.13 All erosion control shall be performed in accordance with Sections 208 of the Colorado Department of Transportation’s Standard Specifications or Construction Best Management Practices of UDFCD Volume 3 Urban Storm Drainage Criteria Manual. 7.15.14 Unless listed in the Bid Document, all erosion control features, including the Erosion Control Supervisor will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item. 7.15.15 Work to furnish, install, maintain, remove and dispose of erosion and sediment control features specified in the Bid document will be paid for at the contract unit price. 7.16 Cleaning Up and Restoration 7.16.1 The Contractor shall clean up all refuse or scrap materials so the site presents a neat, orderly, and workmanlike appearance at all times. 7.16.2 Upon completion of the Project, and before Final Inspection, the Contractor shall remove from the construction site and any occupied adjoining property all plants, buildings, refuse, unused materials, forming lumber, sanitary facilities, and any other materials and equipment that belong to the Contractor or its Subcontractors. 7.16.3 The Town may clean up and restore the construction site satisfactorily when the Contractor fails to do so. Any costs the Town incurs will be deducted from the Final Payment due the Contractor. Article 8 - OTHER WORK 72 8.1 The Town reserves the right to award other Contracts in connection with the Project. The Contractor shall cooperate with and afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall coordinate its Work with theirs. Article 9 - TOWN'S RESPONSIBILITIES 9.1 The Town will furnish the data required by the Contract and will make payments to the Contractor as provided by these General Conditions. Article 10 - 10.1 The Project Manager (Project Manager is a defined term meaning the Town’s authorized representative) shall maintain Owner's authority over the Contractor relating to field direction and project administration, but does not assume liability for the Contractor's work, nor control scheduling whenever such performance is located in or upon the Town's property. The Project Manager will furnish or coordinate all explanations from consultants, field directions, horizontal and vertical control and inspections necessary to assure compliance with the Project documents, except as otherwise stated in the Project documents. 10.2 Lines and Grades 10.2.1 The Contractor shall survey and stake as specified in the Special Conditions. 10.2.2 If the Special Conditions indicate the Project Manager is responsible for appointment and payment of a surveyor for construction staking. The Contractor shall give assistance, as required by the Surveyor, to aid in the staking, including clearing, improving access, exploratory excavations, and suspending operations to permit the surveyor to perform its work. 10.2.3 If the Project Manager appoints a Surveyor, the Contractor shall give notice to the Surveyor at least five working days before initial lines and grades are needed. Thereafter, the Contractor shall give the Surveyor notice at least three working days before additional line and grade stakes are needed. The Project Manager is not responsible for providing lines and grades until the Contractor meets the notice requirements of this Article. 10.2.4 If the Project Manager appoints a surveyor, the Contractor shall preserve all stakes, benchmarks, and any other survey points. If the Contractor damages them, the Contractor shall pay for their replacement. Contractor shall preserve, reset or reestablish all bench marks, monuments and other established control points as the Project warrants. 73 10.3 Inspection 10.3.1 The Project Manager shall appoint Inspectors to inspect the Project. Inspection may extend to all or any part of the Project. The Inspectors are not authorized to alter the provisions of the Drawings or Specifications or to delay the fulfillment of the Contract by failure to inspect materials and Work with reasonable promptness. 10.3.2 An Inspector has authority to reject defective materials and to suspend any Work that is being done improperly subject to the final decision of the Project Manager. 10.3.3 The Contractor shall give the Project Manager due and timely notice of readiness when the Project is to be inspected, tested or approved by someone other than the Inspector. The Contractor shall give the Project Manager required certificates of inspection, testing or approval. Inspection, tests or approvals by the Project Manager or others does not relieve the Contractor from its obligations to perform the Work according to the requirements of the Contract. 10.3.4 If the Project Manager considers it necessary or advisable that previously completed or covered Work be inspected or tested, the Contractor shall uncover, expose or otherwise make the Work available to the Project Manager for inspection and testing. The Contractor shall furnish all tools, labor, material, and equipment necessary to make the Work available. If the Project Manager finds the Work defective, the Contractor shall pay for the cost of satisfactory reconstruction and making the Work available. However, if the Work is not found defective, the Contractor will be allowed an increase in the Contract Price and/or an extension of the Contract Time for costs and time directly attributable to making the Work available and for reconstruction. 10.3.5 If the Contractor's operations require inspecting, testing or surveying to be done outside normal working hours or on Town holidays, it shall be at the Contractor's expense. 10.4 Stop Work Order 10.4.1 The Project Manager has the authority to suspend Work on the Project either in whole or in part, for as long as the Project Manager deems necessary due to: a. Unsuitable weather; b. Faulty workmanship; c. Improper superintendence; d. Contractor's failure to carry out orders or to perform any provision of the Contract; e. Conditions which may be considered unfavorable for the prosecution of Work on the 74 Project; or f. Work being carried on in an unsafe manner. 10.4.2 If it is necessary to stop work for an indefinite period, the Contractor shall, if directed by the Project Manager, store all materials in such a manner that they will not become an obstruction or become damaged in any way. The Contractor shall take every precaution to prevent damage to or deterioration of the Work, providing suitable drainage and erecting temporary structures where necessary. 10.4.3 The Project Manager will put the Stop Work order in writing and the Contractor may not proceed with Work on the suspended portion of the Project until notified in writing by the Project Manager. 10.5 Disputes 10.5.1 If the Contractor considers any Work directed by the Town to be outside the Contract requirements, or if it considers any ruling of the Project Manager to be unfair, it shall immediately ask for a written instruction or decision and shall perform the Work in conformance with the Project Manager's ruling. If the Contractor considers such instructions unsatisfactory, it shall file a written protest with the Project Manager within ten days after their receipt. 10.5.2 All claims, disputes and other matters in question arising out of or relating to the Contract shall be submitted to the Project Manager before the Contractor can begin litigation. 10.5.3 The parties agree that any litigation by Contractor against the Town concerning this Contract shall be filed not more than 2 years after the date of the Notice of Construction Acceptance. The parties agree that any litigation filed by Town against Contractor concerning this Contract shall be filed not more than 2 years after the date of the Notice of Final Acceptance. Article 11 - CHANGES 11.1 General 11.1.1 The Town may make alterations to the Project without the consent of the Surety at any time during the Work. The Contractor shall perform the Work as changed, as if originally specified. The alterations do not invalidate the Contract in any way. 11.1.2 The Project Manager may, at any time, without notice to the Surety, by written notice to the Contractor, make any change in the Work to be performed within the general scope of the Contract, including but not limited to changes: 75 a. In the Specifications (including Drawings and designs); b. In the method or manner of the performance of the Work; c. In facilities, equipment, materials, services or site furnished by the Town; or d. Directing acceleration in the performance of the Work. 11.1.3 Any written order (which terms as used in this Article shall include direction, instruction, interpretation or determination) from the Project Manager, which may warrant a time extension or increased or decreased costs) will be treated as a Change Order under this Article provided that the Contractor gives the Project Manager written notice within seven (7) calendar days of that condition, stating the date, circumstances, and source of the order and that the Contractor regards the order as a Change Order. However, the Town will not authorize a change in the Contract Price for work done before approving a Change Order authorizing the additional work. If the Town and the Contractor do not agree to the terms of a Change Order, including the amount of additional compensation, the Contractor shall proceed with the work under the terms of the Contract and shall maintain accurate records of the costs as described in the General Conditions, Article 11. 11.1.4 The Contractor may not treat any order, statement or conduct of the Project Manager as a change under this Article nor become entitled to an equitable adjustment in the Contract Price or Performance Time, except as provided in this Article. 11.1.5 If any change under this clause causes an increase or decrease in the Contractor's cost or the time required for the performance of any part of the Work under the Contract, whether or not changed by any order, an equitable adjustment will be made and the Contract modified in writing accordingly. If no agreement is reached regarding the equitable value of additional work, it shall be determined as cost plus fifteen percent (15%) for overhead and profit. The amount of credit to be allowed by the Contractor to the Town for any such change that results in a net decrease in cost will be the amount of the actual net decrease as determined by the Town. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. In no case will the price adjustment change the original Contract Price to an amount not appropriated by the Town Board and approved by the appropriate Town representative per its purchasing policies. 76 11.1.6 Claims for changes in the Contract Price or Contract Time of Performance will not be considered after the Final Payment has been made. 11.2 Compliance with §24-91-103.6 11.2.1 Notwithstanding any other language in this contract, the issuance of any Change Order or other form of order or directive by the Town requiring additional compensable work to be performed which will cause the Contract Price to exceed the amount appropriated for the Work is prohibited unless the Contractor is given written assurance by the Town that lawful appropriations to cover the costs of the additional work have been made or unless the Contract contains a remedy granting provision. 11.3 Field Orders 11.3.1 The Project Manager may make changes in the details of the Project at any time, by issuing a Field Order. The Contractor shall proceed with the performance of any changes in the Project ordered by the Project Manager. If the Contractor believes that such Field Order entitles it to a change in Contract Price or Time, or both, it shall give the Project Manager written notice within ten (10) days after the receipt of the Field Order. Thereafter, the Contractor shall document the basis for the change in Contract Price or Time within thirty days. 11.4 Change Orders 11.4.1 Changes in the Contract Price are authorized only by Change Orders. Changes in contract time may be made by a Change Order or by other appropriate written authorization. Any requests for extension of time due to conditions outside of the Contractor's control shall be made in writing within seven (7) calendar days of that condition. 11.4.2 Any difference in cost from Change Orders shall be added to or deducted from the amount of the Contract, as the case may be. Adjustments in the amounts to be paid to the Contractor on account of changed Work will be determined by one of the following methods in the order listed: a. Unit Prices submitted in the Bid Schedule; b. Negotiated Unit Prices; and c. Negotiated lump sum. 11.5 Extras and Force Account Work 77 11.5.1 The Contractor shall perform any Work and furnish materials and equipment necessary or desirable for proper completion of the Contract if the Project Manager believes it necessary to order Work or materials or equipment which, in the Project Manager's opinion, are not susceptible to classification under the Unit Price items named in the Bid Schedule, and are not included in any lump sum bid item. The Project Manager will order such labor, material and equipment in writing before the extra Work is started. The labor, material and equipment will be classed as extra Work. The Town will not pay for extra Work unless the Town orders in extra work in writing. All claims for extra Work shall be submitted to the Project Manager, supplemented by any data the Project Manager requires. 11.5.2 Extra Work and Work involving a combination of increases and decreases in the Work will ordinarily be paid for at a lump sum or Unit Price agreed upon in writing by the Project Manager and Contractor before the extra Work Order is issued. In the negotiation of lump sum or Unit Prices, the agreed estimated cost of the Work plus an allowance for overhead and profit, not to exceed the allowances stated in Section 11.5.3, shall be used. 11.5.3 The allowance for overhead and profit will include full compensation for superintendence, bonds and insurance premiums, taxes (other than sales or use taxes included in the cost of materials), office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided under Sections 11.5.4, 11.5.5 and 11.5.6. The allowance for overhead and profit will be according to the following schedule: ACTUAL NECESSARY COST ALLOWANCE: Labor 20 percent Materials 15 percent Equipment 10 percent The Actual Necessary Cost for labor, materials, or equipment will be computed according to Sections 11.5.4, 11.5.5 and 11.5.6. Superintendence, bond and insurance premiums, taxes (other than sales or use taxes inclusive in the cost of materials), and other general expense will not be included in the computation of actual necessary cost. When all or any part of the extra Work is performed by a Subcontractor or specialty firm, the prime Contractor may add five percent of the Subcontractor's total cost for the extra 78 Work. The Contractor shall give the Project Manager daily report sheets covering the direct cost of labor and materials and charges for equipment. The daily report sheets shall provide names or identifications and classifications of workers and hours worked, as well as size, type and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendors' invoices. The Project Manager will make any necessary adjustments and compile the costs of cost-plus Work. When these reports are agreed upon and signed by both parties, they become the basis of payment for the Work performed. 11.5.4 Labor: The cost of labor used in performing the Work by the Contractor, a Subcontractor, or other forces will be the sum of the actual wages paid plus any employer payments to, or on behalf of, workers for fringe benefits including health and welfare, pension, vacation, and similar purposes; all payments imposed by State and Federal laws including, but not limited to, compensation insurance, and social security payments; and the amount paid for subsistence and travel required in accordance with the regular practice of the employer. At the beginning of the contract or as later requested by the Project Manager, the Contractor shall furnish the Project Manager proof of labor compensation rates being paid or already paid. 11.5.5 Materials: The cost of materials used in performing the Work, including transportation charges for delivery (exclusive of machinery rentals), will be the cost to the purchaser, whether Contractor, Subcontractor or other forces, from the Supplier thereof, inclusive of sales or use taxes, except if, in the opinion of the Project Manager, the cost of materials is excessive, or the Contractor does not furnish satisfactory evidence of the cost of such material. If the Project Manager finds the cost excessive or the Contractor has not furnished evidence of the cost, then the cost will be deemed to be the lowest current wholesale price for the quantity concerned delivered to the job- site less cash or trade discounts. The Town reserves the right to furnish materials for the Work and the Contractor may not claim costs and profit on materials furnished by the Town. The Town reserves the right to purchase from the Contractor any materials previously purchased for a project and not used. Payment for the materials will be based on the actual material cost as shown on the Supplier's invoice, any transportation charges incurred, plus a fifteen percent handling fee. 79 11.5.6 Equipment: The Contractor will be paid according to the rental rates agreed upon in writing before extra or force account Work is begun, for any machinery or special equipment (other than small tools) authorized by the Project Manager. The Contractor may furnish cost data to assist the Project Manager in the establishment of the rental rate. The rental rates paid, as provided above, shall include the cost of fuel, oil, lubrication supplies, small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage, insurance, and all incidentals. Operator wages will be paid separately, as provided in Section 11.5.4. Individual pieces of equipment or tools having a replacement value of $100.00 or less, whether or not consumed by use, are considered small tools and no payment will be made for them. Rental time will not be allowed while equipment is inoperative due to breakdowns or storage on- site. 11.5.7 Equipment on the Work: The rental time to be paid for equipment on the Work is the time the equipment is in productive operation on the extra Work being performed. 11.5.8 Eliminating Items: The Project Manager shall notify the Contractor in writing to eliminate any items contained in the proposal unnecessary for the proper completion of the Work. Such action will not invalidate the contract. The Contractor, by Change Order, will be reimbursed for actual work done and all cost incurred, including mobilization of materials and equipment before the elimination of such items. Article 12 - CONTRACT TIME 12.1 General 12.1.1 Time is of the essence in the performance of all Work contemplated in the Contract. Therefore, the Work shall be commenced no later than ten days from and including the date of Notice to Proceed and shall be fully completed in a satisfactory and acceptable manner within the time stated in the Contract. 12.1.2 The capacity of the Contractor's construction plant and force shall be sufficient as to insure completion of the Project within the allotted time. The Contractor shall use multiple crews if necessary to complete the Project within the allotted time. 80 12.2 Delays 12.2.1 Delay claims fall into three categories: non-excusable, excusable, or compensable. Any payment for delays or the granting of time extensions require a properly executed Change Order per Article 11. 12.2.1.1 Non-excusable delay is one caused by factors within the Contractor's reasonable control. The delay is the Contractor's fault; no additional time or additional compensation is allowed. Typical types of non-excusable delays are: a. Late submittal of Shop Drawings; b. Late procurement of materials or equipment; c. Insufficient personnel; d. Unqualified personnel; e. Inadequate coordination of Subcontractors or other contractors; f. Subcontractor delays; g. Late response to Town and Project Manager inquiries; or h. Construction not conforming to contract requirements making repeated re-working necessary. 12.2.1.2 Excusable delay is caused by factors beyond the Contractor's reasonable control, but is not the result of the Town's actions or failure to act. An excusable delay entitles the Contractor to an extension of time but no additional compensation for the cost of the delay. 12.2.1.3 Compensable delay is one where the Town has failed to meet an obligation stated or implied in the construction contract. If the Project Manager considers a delay as compensable, the Town will grant a time extension and reimburse the Contractor for the increased cost caused by the delay. No damages shall be payable for any delay not due to an act or neglect of the Town or an employee of the Town. Typical types of Town-caused delays are: a. Late approval of Shop Drawings and samples; b. Delays in answers to field inquiries by the Contractor; c. Interference with the Contractor during construction; d. Town-caused schedule changes; e. Design changes; or 81 f. Interference by other contractor's or the Town's forces. 12.3 Failure to Complete Work on Time--Liquidated Damages 12.3.1 The Town may permit the Contractor to proceed if the Contractor fails to substantially complete the Work on or before the original date set forth for Substantial Completion in the Contract, or on or before the corrected date of Substantial Completion. In such case, the Town will deduct the sum specified in the Contract for each day that the Work remains uncompleted. This sum shall not be a penalty but is liquidated damages. 12.3.2 The parties agree that, under all of the circumstances, the daily basis and the amount set forth as liquidated damages is reasonable and equitable. The Town expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of Estes Park incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms, are impossible to measure. 12.3.3 The Contractor shall perform with due diligence, regardless of meeting the various scheduled deadlines. If, in the opinion of the Town's Project Manager, or other authorized agent of the Town, the Contractor is not prosecuting the Work under the Contract, written notice will be given and the Contractor shall have seven days to resume the Work with due diligence. Failing a cure, liquidated damages will be charged until there is resumption of prosecution with due diligence. 12.3.4 Permitting the Contractor to continue and finish the Work, or any part of it, after the time fixed for its completion, or after the date to which the time of completion may have been extended, shall not operate as a waiver on the part of the Town of liquidated damages or any of its rights under the Contract. Article 13 - WARRANTY AND GUARANTEE: SAMPLES AND TESTING; DEFECTIVE WORK AND MATERIALS 13.1 Warranty and Guarantees 13.1.1 The Contractor and its Surety are jointly and severally responsible for the condition of all completed Work, maintenance (unless the Town is required by the Special Conditions to assume 82 responsibility for maintenance) and satisfactory operation of Work performed under the Contract for a period of two years following the Notice of Construction Acceptance or for one year after warranty work is fully satisfied. A notice of warranty work that requires repair or replacement under the warranty will be submitted to the Contractor on a Notice of Warranty Work. The Contractor and Surety are jointly and severally responsible for the satisfactory repair or replacement of any Work, materials or equipment which are found defective during this period, provided any failure results directly or indirectly from faulty workmanship or negligence by the Contractor, from faulty manufacturing or from faulty erection or improper handling of materials or equipment furnished or installed by the Contractor. Neither the Contractor nor Surety is liable for any failure resulting from the Town's neglect or improper operation of facilities or the acts of third parties. If desired by the Town, portions of the work may be placed in service when completed, and the Contractor shall provide proper access for this purpose. Such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction throughout the duration of the Contract. 13.2 Samples and Testing 13.2.1 All materials and equipment used in the Project will be subject to sampling and testing according to generally accepted standards and as required in the Contract Documents. In the absence of direct references, the sampling and testing of materials will be done according to current Specifications of the American Society for Testing and Materials or the American Water Works Association. The Contractor shall cooperate with the Project Manager in collecting and forwarding required samples. 13.2.2 The Contractor shall not incorporate any materials into the Project or cover any part of the Work until it has been inspected and approved according to the Contract Documents. 13.2.3 The Contractor shall furnish all samples without charge. The Contractor will cooperate with the Project Manager in collecting, handling, storing, and forwarding required samples including the furnishing of manpower and equipment when necessary. 13.2.4 The Town will pay the cost of the initial test except when the Contract Documents state otherwise. The Town will charge the Contractor for repeated tests due to failure of the initial test. 13.3 Access to Work 83 13.3.1 The Project Manager and the Manager's representatives shall have access to the Project at any time for purposes of inspection, sampling, and testing. Access shall extend to authorized representatives of participating federal or state agencies and to other public authorities having jurisdiction established by law. The Contractor shall provide proper facilities for access to the Project. 13.3.2 Access to the Project shall mean wherever and whenever it is in manufacture, preparation or progress. It shall include access to payrolls, records of personnel, invoices of materials, terms and conditions of sale of materials and equipment to be incorporated in the Project, files, records, books, correspondence, instructions, Drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and any other relevant data and records relating to the Contract. 13.3.3 The Town may, at reasonable times, inspect the part of the plant, place of business or worksite of the Contractor or Subcontractor at any tier which is pertinent to the performance of the Contract. 13.4 Defective Work and Materials 13.4.1 Material and workmanship not conforming to the requirements of the Contract are deemed defective. Defective Work or material shall be removed immediately from the Project site and replaced with acceptable Work and material at the Contractor's expense. 13.4.2 If the Contractor fails to replace rejected materials or Work within ten days after receipt of written notice, the Town may replace or correct them and charge the cost to the Contractor and may terminate the right of the Contractor to proceed. Failure to detect previously installed defective materials or workmanship shall not impair the Town's right to receive a completed project which is free of defects and meets all of the requirements of the Contract Documents. Article 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 General 14.1.1 Unless expressly provided otherwise, the prices shown in the Bid Schedule include the cost of all labor, materials, equipment, tools, forms, services, utilities, royalties, fees, and any other thing or expense necessary to complete the Project. Items not shown on the Plans, Specifications or Special Provisions but which are necessary to construct the Project will be considered a part of the Project whether specified or not and no separate payment will be made for these items. 84 14.1.2 Unless expressly provided otherwise in the Contract, the amount to be paid for the Work includes all labor, materials, forms, tools, scaffolding, plants, equipment, service, utilities, royalties, fees, and everything, whether temporary or permanent, necessary to complete the Project. 14.2 Determination of Amounts and Quantities 14.2.1 The Project Manager shall verify determinations of amounts and quantities of Work performed. The Project Manager shall have access to the records as stated in Article 13.3. The method of measurement of the Contract Bid Items will be as specified in the Special Conditions or Technical Specifications. 14.3 Variations in Estimated Quantities 14.3.1 Where the quantity of a pay item in the Contract is an estimated quantity and where the actual quantity of such pay item varies more than twenty-five percent below the estimated quantity stated in the Contract, the Contractor may request an equitable adjustment in the Contract Price, upon demand of the Town. The Contract Price adjustment will be based upon any decrease in costs due solely to the variation below seventy-five percent of the estimated quantity. Where the quantity of a pay item in the Contract is an estimated quantity and the actual quantity of such pay item is more than twenty-five percent above the estimated quantity in the Contract, the Town may elect to terminate the Contract or issue a Change Order to adjust the Contract Price. In no case will the price adjustment change the original Contract Price to an amount not appropriated by the Town Board and approved by an appropriate representative of the Town under its purchasing policies. 14.4 Monthly Estimates--Partial Payments 14.4.1 The Contractor shall prepare monthly partial estimates (monthly estimates) for all Work completed up to that time. The authorized Town representative(s) shall approve the monthly estimates before progress payments will be made. The format of the monthly estimates will be related to the format of the Bid Proposal. The estimated cost of repairing, replacing, or rebuilding any part of the work or replacing materials that do not conform to the drawings and specifications will be deducted from the estimated value. 14.4.2 In making such progress payments, subject to the exceptions in this Article, the Town will retain five percent of the calculated value of completed Work for contracts in excess of $150,000 85 and where the contractor is satisfactorily performing the contract. The withheld percentage of the Contract Price of any contracted Work will be retained until the contract is completed satisfactorily and finally accepted by the Town. 14.4.3 On Contract amounts of less than $150,000, ten percent may be withheld until Final Payment. 14.4.4 If the Town finds that satisfactory progress is being made in any phase of the Contract, it may, upon written request by the Contractor, authorize payment from the withheld percentage to the Contractor. Before payment is made, the Town shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the Work. 14.4.5 Monthly estimates may include the value of acceptable materials required in the construction which have been delivered on the site of the Work or to adjacent railway siding and for which acceptable provisions have been made for preservation and storage, providing the Contractor submits with its monthly estimate, paid invoices in duplicate for the material for which payment is being requested. Material paid for by the Town becomes the property of the Town and, in the event of the default on the part of the Contractor, the Town may use or cause to be used such materials in construction of the Work provided for in the Contract. 14.4.6 The Town may withhold, in addition to retained percentages from Contractor payments, such an amount or amounts as may be necessary to cover: 14.4.6.1 Claims for labor or materials furnished the Contractor or Subcontractor(s) or reasonable evidence indicating probable filing of such claims; 14.4.6.2 Failure of the Contractor to make proper payment to Subcontractors or for material or labor furnished by others; 14.4.6.3 A reasonable doubt that the Contract can be completed for the balance then unpaid; 14.4.6.4 Evidence of damage to another Contractor or private or public property; 14.4.6.5 Uncorrected defective Work or guarantees that have not been met; 14.4.6.6 Failure of the Contractor to submit cost breakdowns, schedules, reports and other information required under the Contract; 14.4.6.7 Persistent failure to carry out the Work according to the Contract; or 14.4.6.8 Reasonable evidence that the Work will not be completed within the Contract Time 86 and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay. 14.4.7 The Town may disburse and has the right to act as agent for the Contractor in disbursing funds, withheld pursuant to this paragraph, to the party or parties who are entitled to payment therefrom, but the Town assumes no obligation to make such disbursement. The Town will render to the Contractor a proper accounting of all funds disbursed under this paragraph. 14.5 Town's Right to Accept Portion of the Project 14.5.1 The Town reserves the right to accept and make use of any completed section of the Project without invalidating the Contract or obligating the Town to accept the remainder of the Project. 14.6 Substantial Completion 14.6.1 When the Contractor considers the entire work ready for its intended use and has obtained either a “Certificate of Occupancy” or a “Copy of the Final Inspection Approval Memo” from Building Inspections for required structures, the Contractor shall notify the Project Manager in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that the Project Manager issue a Notice of Substantial Completion. Within a reasonable time, the Contractor, Project Manager and any other appropriate Town representatives shall make an inspection of the Work to determine the status of completion. If the Project Manager does not consider the Work substantially complete or the Contractor has not submitted either a “Certificate of Occupancy” or a “Copy of the Final Inspection Approval Memo” from Building Inspections to the Project Manager, the Project Manager will notify the Contractor in writing giving the reasons for denial of the Notice of Substantial Completion. If the Project Manager considers the Work substantially complete, the Project Manager will prepare and deliver to the contractor a Notice of Substantial Completion which shall fix the date of Substantial Completion. The Project Manager shall attach to the certificate a tentative list ("punch list") of items to be completed or corrected before Final Payment. The Town may, after five (5) days’ notice to the Contractor, complete the punch list items itself and charge the Contractor for all costs incurred therefor, together with the amount necessary to compensate the Town for its additional costs, time, and effort. The Town may deduct such amounts from any retainage, and the Contractor shall pay the Town any deficiency. Warranties required by the Contract shall commence on the date set in the Notice of Construction Acceptance for the Project, or the date set in the Notice of 87 Construction Acceptance for a designated portion of the Project, unless otherwise provided in the notice of Substantial Completion. 14.7 Construction Acceptance 14.7.1 When the Work specified in the Contract is completed and the final cleanup has been performed, the Contractor shall notify the Project Manager that all Work under the Contract has been completed and the Project Manager shall, within fourteen (14) calendar days of receipt of such notice, make the final inspection. If the Project Manager finds that the Project has been completed according to the requirements and conditions set forth in the Contract, the Town, upon the recommendation of the Project Manager, shall issue a Notice of Construction Acceptance. Notices of Construction Acceptance issued orally or without proper Town authorization are void. Town will not make the final payment under the Contract before it issues a Construction Acceptance. 14.8 Claims Against the Contractor: As provided by Colorado law, persons or businesses, including Subcontractors, who have not been promptly paid by the Contractor and who have provided materials, services and labor of any kind, or labor and material incidental to the completion of the Project, may file claims and the Town may withhold from the Contractor an amount sufficient to cover such claims. 14.9 Final Payment--Pursuant to Section 38-26-107, C.R.S., as Amended 14.9.1 The Town shall make a Final Settlement in accordance with Section 38-26-107, C.R.S., within sixty days after the Town issues the Notice of Construction Acceptance. 14.9.2 After the Notice of Construction Acceptance is issued by the Town, a Notice of Final Settlement shall be advertised at least twice, not less than ten (10) days before the date of Final Settlement, in a newspaper of general circulation in the county where the Work was done. If no claims are filed before the expiration of ten days from the date of the last publication of the Notice of Final Settlement, the Final Payment, including retainages, may be made. 14.9.3 If any Subcontractor or Supplier files a claim before the expiration of ten days from the date of the last publication of the Notice of Final Settlement, for Work done or material furnished that has not been paid for by the Contractor, the Town shall withhold from Final Payment to the Contractor sufficient funds to insure the payment of the claims. The funds shall not be withheld 88 longer than ninety days from the date of Final Settlement unless a legal action is started within that time to enforce payment of the claims. 14.9.4 At the end of ninety days, or any time before, if the person filing the claim acknowledges receipt of payment for the claim, or otherwise releases the claim in writing, the Town shall pay the Contractor the monies not subject to suit or lis pendens notices. 14.9.5 Monies that are the subject of a suit will be withheld until a judgment is rendered in the suit. In the event the Town incurs any costs or legal fees related to the final settlement or payment thereof, or litigation of claims, then all such costs, expenses, expert and attorney fees shall be withheld from the final payment due the Contractor by the Town and retained by he Town for reimbursement of same. Article 15 - CONTRACT TERMINATION 15.1 Town's Right to Terminate Contract for Convenience 15.1.1 The Town shall, at any time, have the right to terminate the Contract, for convenience, upon giving written notice to the Contractor. The Contractor shall be entitled to the full amount of the approved estimate for the Work satisfactorily completed under the Contract up to the time of such termination, including the retained percentage. The Town shall reimburse the Contractor for such expenditures as, in the judgment of the Project Manager, are not otherwise compensated for, together with the cost of moving to and from the Project and a reasonable profit on the Work deleted by reason of the annulment of the Contract, in order that an equitable settlement is made with the Contractor. 15.2 Town's Right to Terminate Contract for Default 15.2.1 The Project Manager, with the approval of the Purchasing and Contracts Manager and acting on behalf of the Town, may serve notice upon the Contractor and its Surety of the intention to terminate the Contract if the performance of the Work set forth under the Contract is unnecessarily or unreasonably delayed by the Contractor, or if any of the provisions of the Contract are being violated by the Contractor or its Subcontractors. The Contract is terminated unless, in the opinion of the Project Manager, the Contractor corrects the violation within five days after the notice is served. In the event of such termination, the Project Manager, acting on behalf of the Town, shall immediately serve notice of the termination and the Surety's right to complete the Contract upon the Surety and the Contractor. The Surety shall have the right to take over and 89 perform the Work called for in the Contract. The Surety is then bound by all the provisions of the Contract. If the Surety does not commence performance of the Work within ten days from the date of the notice, the Town may take over the Project and, without prejudice to any other remedies, complete the Project and the Contractor and its Surety are liable to the Town for any excess costs incurred by the Town. 15.3 Contractor's Right to Terminate Contract 15.3.1 The Contractor may terminate the Contract if the Work is stopped for a period of three months under any order of any court or other public authority through no act or fault of the Contractor or of anyone employed by it. The Contractor may suspend Work if Town fails to make payments at the times provided in the Contract and the Contractor has given the Town written notice seven days before suspending Work. The Contractor may terminate the Contract, at its option, if the Town continues to be in default thirty days after the date of the written notice. Failure by the Town to make payments at the times provided is a bar to any claim by the Town against the Contractor for delay in completion of the Project if the Contractor suspended Work for that reason. If the Contractor terminates the Contract, it may recover the price of all Work done and materials provided and all damages sustained. Article 16 - EQUAL OPPORTUNITY 16.1 General: During the performance of the Contract, the Contractor agrees as follows: 16.1.1 The Contractor shall not discriminate against any employee or applicant for employment because of race, color, age, disability, religion, sex, sexual orientation, gender identity or expression, national origin, or as otherwise prohibited by law. 16.1.2 The Contractor shall ensure that all Subcontractors shall not discriminate against any employee or applicant for employment because of race, color, age, disability, religion, sex, sexual orientation, gender identity or expression, national origin, or as otherwise prohibited by law. Article 17 - AUDIT 17.1 Records and Reports 17.1.1 The Contractor shall keep and preserve full and detailed accounts relating to the Contract for a period of three years from the date of final payment under the Contract in which the Work is completed. 90 17.1.2 The Subcontractor shall keep and preserve full and detailed accounts relating to the Contract for a period of three years from the date of final payment under the subcontract. 17.2 Access 17.2.1 The Contractor shall permit the Town and the Town's accountants to have access as stated in Article 13.3 and to the records kept per Article 17.1 for the purpose of making such financial audits, or verifications as the Town deems necessary or appropriate concerning the Contractor's performance under the Contract. Article 18 - MISCELLANEOUS 18.1 Reservation of Right to Bar Persons from the Work and Site: The Town reserves the right to bar any person, including employees of the Contractor and Subcontractors, from the Town's Work site. This shall not be treated as a request for the employee's termination but a request that the employee not be assigned to work on the Town Work site. No increase in contract time or price is authorized. 18.2 Provisions Construed as to Fair Meaning: The provisions of the Contract shall be construed as to their fair meaning, and not for or against any party based upon any attributes to such party of the source of the language in question. 18.3 Headings for Convenience: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of the Contract. 18.4 No Implied Representations: No representations, agreements, covenants, warranties, or certifications, express or implied, exist as between the parties, except as specifically set forth in the Contract. 18.5 Financial Obligations of Town: All financial obligations of the Town under the Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in the Contract shall be deemed a pledge of the Town's credit, or a payment guarantee by the Town to the Contractor. 18.6 Assignment/transference: The Contractor may not assign or transfer any interest in the Contract, including any money due or to become due, without the prior written consent of the Town. 91 18.7 Amendments: The parties shall only amend the Contract in writing with the proper official signatures and, if required elsewhere in this Contract, on the proper forms. 18.8 Waiver: No waiver of a breach or default under the Contract is a waiver of any other or subsequent breach or default. 18.9 Governing Law: The Contract is governed and to be construed according to the laws of the State of Colorado. Venue and jurisdiction for any court action filed regarding this agreement shall be in either Larimer County or the United States District Court for Colorado. 18.10 Binding Contract: The Contract is binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. 18.11 Federal-Aid Projects: If the Contract involves any federal government reimbursements, the Contractor and its subcontractors, must comply with federal regulations. If the Contractor fails to provide documentation and certifications as set forth on “Required Contract Provisions: Federal- Aid Construction Projects” (FHWA Form 1273), as included in the Contract Document, the Contractor shall be specifically liable for any damages, including loss of reimbursement, attributable to the Contractor’s failure to comply with the applicable regulations. 18.12 Immunity: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., and under any other applicable law. 92 CONSTRUCTION CONTRACT SPECIAL CONDITIONS 1.0 CONTRACTOR’S PROPOSED PROJECT SCHEDULE Reference the Schedule of Activities in the Invitation to Bid. All dates are subject to change. 2.0 CONTRACT TIME Bidders should prepare their bids assuming a substantial completion date and final completion date based on the Construction Timeline provided by the Contractor and the Construction Contract. Upon receiving the Notice to Proceed, the Contractor shall begin all administrative responsibilities to begin this project such as (but not limited to) scheduling, resource allocation, planning, ordering of materials and equipment, etc.. No work related to this project is to begin until all materials and equipment are on hand; unless coordinated in advance with Project Manager. Work shall be substantially complete by the dates stated in the executed Contract. This date may be adjusted only by a request in writing and approved Change Order. 3.0 WORK PROHIBITED (varies by project) Due to the location of this project, there are no dates on which work is prohibited. Due to the proximity of residential areas, work hours are to be between 7:00am – 7:00pm. Work outside of these times must be requested in writing to the Project Manager in advance. The Project Manager must provide approval in writing. 4.0 INSURANCE DOCUMENTATION The insurance documentation required by the General Conditions must be provided to the Town within 10 calendar days after receipt of the Notice of Award. 5.0 DRAWINGS AND SPECIFICATIONS All work performed on this project shall be guided by, and conform to, the Bidding Documents outlined in the Instructions for Bidders. 6.0 WORK ZONE REQUIREMENTS (varies by project) Construction work is permitted from 7:00 AM until 7:00 PM, Monday through Friday. Any work on weekends or Town holidays will require negotiation and approval from the Town’s 93 Project Manager. Work outside of these times must be requested in writing to the Project Manager in advance. The Project Manager must provide approval in writing. Full road closures will not be permitted, as access to adjacent town facilities, businesses and residences will need to be maintained throughout the project. Installation of perimeter fencing/safety zone around project area with accessibility for emergency vehicles must be maintained throughout the entirety of the project. 7.0 ACCCESS Emergency access shall be provided at all times throughout the project limits. Access to adjacent town facilities, businesses and residences shall be provided at all times. 8.0 MATERIAL TESTING If needed, Materials Testing shall be provided by the Town; Contractor shall coordinate on- site testing. Any corrective action needed as a result of the testing report will be at the expense of the contractor. Attachment 7 Derek Pastor <dpastor@estes.org> Estes Park Events Center building 3 messages Derek Pastor <dpastor@estes.org>Fri, Apr 3, 2026 at 8:41 AM To: Kent Kinleybuilt <kent@kinleybuilt.com> Good morning Kent, Thanks for calling me back yesterday, sorry I missed your call. I am in and out of meetings today, and didn't risk missing more phone calls. First, thank you for submitting the proposal for this project. I spent some time yesterday reviewing the details of your submissions, and had a few questions I was hoping to get some clarification on: 1) The Invitation to Aid and subsequent Addendum specifically call out for civil engineering stamped drawings. I see in your proposal (page 15) there will be engineered drawings for the building (structural), but do not see any reference to civil engineering for the foundation/slab. Can you please let me know if this is/is not included in your proposal so I know if that would potentially be a service I need to account for? 2) Page 26 of the Invitation to Bid calls for projects of similar scope and budget. The projects listed are the same 3 that were provided for the Museum Annex Addition project last year, and do not meet the request for projects of similar scope and budget. Can you please provide any relevant experiences to designing and constructing metal buildings as this project? 3) On page 39 of your proposal, can you please explain what would be included in Division 7 (Thermal and Moisture)? Again, thank you for this and working to help me get a better understanding of your proposal. I am hoping to make my recommendations to the Town next week, so I look forward to hearing from you. Derek Derek Pastor, PMP Project Manager Internal Services Department Town of Estes Park 970-577-3957 (office) 972-998-9307 (cell) Kent Kinleybuilt <kent@kinleybuilt.com>Fri, Apr 3, 2026 at 11:01 AM To: Derek Pastor <dpastor@estes.org> Derek Thanks for the email; I've been bouncing in and out myself. Civil engineering for foundation/slab is included in the current proposal Metal Buildings John Ingram 2700 Eagle Rock Dr- Valuation: $300,000 John McLaren 1085 North Lane- Valuation: $110,000 Division 7 is Insulation Let me know if you need anything else. Have a good weekend Thanks 4/7/26, 7:32 AM Town of Estes Park Mail - Estes Park Events Center building https://mail.google.com/mail/u/0/?ik=cee56bcb11&view=pt&search=all&permthid=thread-a:r-1183183838989072735&simpl=msg-a:r505163807774927…1/2 [Quoted text hidden] [Quoted text hidden] The Town of Estes Park is committed to providing accessible information and services. If you need any accommodations to view or interact with this email, please reply with your request or contact me at the phone number listed above. Derek Pastor <dpastor@estes.org>Fri, Apr 3, 2026 at 11:27 AM To: Kent Kinleybuilt <kent@kinleybuilt.com> Thanks so much for getting back to me. I am having internal meetings next week to review and discuss the proposals. I'll follow-up with you once I know more. Thank you, Derek Derek Pastor, PMP Project Manager Internal Services Department Town of Estes Park 970-577-3957 (office) 972-998-9307 (cell) [Quoted text hidden] 4/7/26, 7:32 AM Town of Estes Park Mail - Estes Park Events Center building https://mail.google.com/mail/u/0/?ik=cee56bcb11&view=pt&search=all&permthid=thread-a:r-1183183838989072735&simpl=msg-a:r505163807774927…2/2 Attachment 8 24 Qualifications 1. How many years have you been in business under your present firm or trade name? a. Under other names? 2. Have you or your organization, or any office or partner thereof, failed to complete a contract? a.___Yes ___No 3. Within the last five years, has your organization been assessed liquidated damages for failing to complete a contract within the time specified? a.___Yes ___No 4.Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five years? a.___Yes ___No 5. Does your organization have any outstanding judgments, demands, or liens resulting from violating State Labor laws, Colorado Revised Statutes, Civil or Criminal decisions? a.___Yes ___No 6. Have there been any suits, liens, or surety claims against you or your organization over the past five years for non-payment of sums due subcontractors or suppliers for work completed? a.___Yes ___No 7. Has your organization been cited for violations of OSHA standards and requirements within the past five years? a.___Yes ___No 8. Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any department or agency? a.___Yes ___No 9. Have you ever been debarred or suspended by a government from consideration for the award of contracts? a.___Yes ___No 16 yrs 26 yrs 25 Please explain all questions answered “yes” in the section above on a separate sheet of paper. Include where and why, if applicable. Note that your answers do not necessarily disqualify your bid. For example, it is not uncommon for contractors of large projects to be charged liquidated damages in certain cases. Firm Background and Experience  Total number of employees: Total number of licensed professionals: Proposed Superintendent: Title: Relevant degrees and/or certifications: Principals List directors, officers, owners, managerial employees, or partners, and identify the ownership interest of each: Ernie Crownover, President Brian Crownove, Vice-President 17 (2), Ernie Crownover & Brian Crownover Clayton Little Superintendent See Attachment A. Jordan Cardenas 26  Experience List the experience of the principal members of your organization. If preferred, resumes may be submitted in lieu of form entry. Name: Title: Background/ Years’ Experience: Relevant degrees and/or certifications: Name: Title: Background/ Years’ Experience: Relevant degrees and/or certifications:  Similar Projects List three projects of similar scope and budget to this project that your organization has performed work on: Project Name: Cost: Location: Reference Name: Phone: Project Name: Cost: Location: Reference Name: Phone: Dacono Grader Shed, 60'x78' metal building, sitework, generator, fuel island. $1,296,831.00 WCR 17 & WCR 10, Dacono Keenesburg Grader Shed, 60'x78' metal building, sitework, generator, fuel island. $1,296,684.00 3116 CR 6, Keenesburg Alex Engelbert, Weld County 970.381.8974 Alex Engelbert, Weld County 970.381.8974 See Attachment A. 27 Project Name: Cost: Location: Reference Name: Phone:  Contract(s) on Hand List projects your organization is undertaking that will be concurrent with the Town’s bid schedule. Include the anticipated completion date. Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: Stoneham Grader Shed, 52'x60' metal building, sitework, generator, fuel island $1,028,512.00 41684 Mable Ave, Stoneham Alex Engelbert, Weld County 970.381.8974 See Attachment B. 28 SUBCONTRACTORS AND RELATED DATA For each Subcontractor to be utilized, please provide the following information (use additional sheets as necessary). Please indicate what percentage of the Work to be assigned. Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % B & C Steel P.O. Box 1099, Scottsbluff, NE 69363 Supply pre-engineered metal building ESAU Steel Core Construction 419 Security Blvd, Colorado Springs, CO 80911 Erect pre-engineered metal building Bay Insulation Systems 14200 E 33rd Place, Suite B, Aurora, CO 80011 Provide roof/wall insulaiton for metal building. Raynor Door Authority 5160 Havana St., Unit G, Denver, CO 80239 Provide & install overhead door. McBride Structural Design 3713 Rochdale Dr., Ft. Collins, CO 80525 Structural engineer, design concrete for building & drawings. 1.5% 18% 10% 2% 2.4% 28 SUBCONTRACTORS AND RELATED DATA For each Subcontractor to be utilized, please provide the following information (use additional sheets as necessary). Please indicate what percentage of the Work to be assigned. Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Action Civil Engineering, LLC 9777 Pyramid Ct. Ste. 150, Englewood, CO 80112 Civil Enginner, design grading, drainage and erosion control. 2.07% 29 BID PROPOSAL PROJECT: Events Center Metal Building Design and Installation 1. In compliance with the Invitation to Bid, and subject to all conditions thereof, the undersigned: [Select one] a corporation incorporated in the State of -OR- a partnership or limited partnership, registered in the State of , whose general partner(s) is/are: -OR- a sole proprietor, whose trade name is _______________________________________________ based in the City/Town of , State of _____, offers this Bid Proposal for the construction of all items listed at the prices shown on the following bid schedule. (The attached bid schedule lists the various divisions of construction contemplated in the Plans and Specifications, together with an estimate of the units of each. With these units as the basis, extend each item, using the cost inserted in the unit column. Any total cost found inconsistent with the unit cost when the Bids are examined will be deemed in error and corrected to agree with the unit cost. Alternate Bids are optional). 2. The undersigned Bidder declares and stipulates that this Bid is made in good faith, without collusion or connection with any other person or persons bidding for the same Work, and that it is made subject to all the terms and conditions of the Invitation to Bid, Instructions for Bidders, Construction Contract, General Conditions, Special Conditions, the Technical Colorado NA NA 31 The undersigned, being familiar with the existing conditions on the project area affecting the cost of the Work, the Bidding Documents and the Contract Documents, and having verified the quantities and the availability of materials and labor, hereby proposes to furnish all supervision, labor, materials, machinery, tools, appurtenances, equipment, supplies, and services, including utility and transportation service required to construct and complete the Project listed above, according to the Contract, within the time specified, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract of which this Bid is a part. (The approximate quantities of Work to be completed in-place under the Contract are identified in the bid schedule and are for the purpose of comparing Bids. These quantities have been estimated and the quantities used are for the general information of the Bidder, representing the major items of the Work to be done. Minor details are not listed but shall be part of the complete Contract). 9. The undersigned agrees to hold firm the Bid for thirty days for the purpose of the Town reviewing the Bids and investigating the qualifications of the Bidders prior to award of Contract. Extensions of time may be made if mutually agreed upon. 10. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Town of Estes Park in verification of the recitals in this statement. 33 FEE PROPOSAL Project Name: Contractor Name: Contractor Point of Contact: Phone #: Email: Contractor is required to provide a cost proposal with a list of materials, equipment, supplies and labor required to complete the scope of work (Include general conditions, O&P, etc, if not added into costs). Contractor is to provide any exclusions from the identified Building Requirements, Deliverables, or General Conditions outlined on pages 3 and 4. Also, the contractor should identify any additional services that are included, if not identified on pages 3 or 4. CONSTRUCTION TIMELINE # of days from contract execution to start of design: Anticipated duration of completed permit set: Materials/Equipment with longest lead time: Estimated lead time on materials with longest lead time (days): # of days from permit approval to start of project mobilization: # of days from project start to substantial completion: Contractor must submit a Gannt chart or equivalent construction schedule timeline based on an estimated Notice to Proceed date of Wednesday, May 13, 2026. Event Center Storage Building TCC Corporation Brian Crownover 970.371.8404 bcrownover@tcccorp.net 8 weeks Pre-engineered metal building 12-14 wks 60 days October 1, 2026-start date 1 day President / Construction Executive Ernie Crownover PROFESSIONAL SUMMARY Ernie is an owner and senior executive of TCC Corporation with more than 30 years of experience in construction management, leading complex commercial and public-sector projects. As a long-standing leader of the firm, Ernie has played a critical role in shaping TCC’s culture, values, and reputation for quality, integrity, and dependability. In his role as Owner, Ernie provides strategic leadership and oversight across all phases of construction, from early planning and preconstruction through project execution and closeout. His extensive field and management experience enable him to guide project teams effectively, ensure alignment with client goals, and maintain a high standard of workmanship and service. Ernie is known for building strong teams, fostering long-term client relationships, and consistently delivering projects that meet or exceed expectations. EDUCATION & COMMUNITY Valparaiso University, Valparaiso, IN Leadership Detail-Oriented Mentorship Risk Management Calm & Decisive Accountability SKILLS CERTIFICATIONS Licensed Class A and B General Contractor Multi-State Contractor Registration (CO, AZ, CA, KS, NE, WY) CDOT Qualified Bidder Municipal and County Contractor Registrations Across Colorado Greeley Hyundai Dealership - $6.2M - Greeley, CO Fort Collins Kia Dealership – $15M – Fort Collins, CO Ford Pro Elite Service Center – $17M – Loveland, CO PROJECT EXPERIENCE Fort Collins Nissan Dealership – $22M – Fort Collins, CO Loveland Ford Dealership - $15M - Loveland, CO John Elway Canopies - $1.3M - Greeley, CO 970-371-8397 ecrownover@tcccorp.net 6820 Powell Street, Loveland, CO 80538 PRINCIPAL RESPONSIBILITES Provides executive and operational oversight across all company operations to ensure alignment with client expectations, contract requirements, quality standards, and company objectives. Oversees financial performance, cost controls, cash flow, and profitability across all projects and company operations. Leads owner and client relationships, including executive-level meetings, issue resolution, and long-term partnership development. Oversees subcontractor performance, manpower planning, and resolution of operational issues impacting project execution. Directs risk analysis and mitigation efforts, including contractual, legal, and liability matters. Reviews overall performance of construction operations, including schedule adherence, safety compliance, administrative controls, and financial outcomes. Reviews, approves, and enforces critical project documentation to ensure consistency, compliance, and risk management. Supports Project Managers and Superintendents in resolving complex project challenges and maintaining performance standards. Maintains executive-level oversight through periodic field reviews, progress evaluations, and operational assessments. Establishes and monitors companywide safety programs and compliance with OSHA regulations and internal policies. Manages companywide documentation, reporting standards, and operational processes. Directs the strategic growth and development of TCC Corporation, establishing long-term business objectives and initiatives. Sets overall company direction, vision, and strategic priorities to support sustainable growth and operational excellence. REFERENCES Brody Hansen — President of Clearwater — 970-397-1032 Mike Charley — Executive Director, Business Development — 303-324-9318 Joe Cleveland — Project Manager — 419-466-5266 Jake Pierson — Owner, Pierson Concrete — 970-221-1509 Weld County Airport Board Member - 15 Years Vice President / Senior Project Manager Brian Crownover PROFESSIONAL SUMMARY Brian Crownover is a senior executive leader at TCC Corporation with nearly two decades of experience delivering complex commercial and public-sector construction projects. Having been with TCC since 2007, Brian began his career as a Superintendent and advanced into Project Management and executive leadership, bringing deep field experience and operational insight to every project. As a co-owner of TCC Corporation, he provides strategic oversight across all phases of construction, from preconstruction planning through final closeout. His background in architecture and construction allows him to bridge design intent with constructability, driving efficient execution, cost control, and schedule reliability. Brian is known for his disciplined approach to safety, precision, and quality, and for building trusted relationships with owners, architects, engineers, and subcontractors to consistently deliver successful project outcomes. EDUCATION University of Colorado - Boulder, CO Leadership Detail-Oriented Communication Critical Thinking Calm & Decisive Organization SKILLS CERTIFICATIONS Completed OSHA 30 Hour Construction Safety training along with Colorado Safety Association coursework, including scaffold safety, suspended access and rigging, and construction site supervision. Certified as a CDOT Transportation Erosion Control Supervisor (TECS). Fort Collins Kia Dealership – $15M – Fort Collins, CO Fort Collins Nissan Dealership – $22M – Fort Collins, CO Ford Pro Elite Service Center – $17M – Loveland, CO PROJECT EXPERIENCE Chase Building Renovation – $6M – Greeley, CO Weld County Briggsdale Grader Shed – $1.7M – Briggsdale, CO Weld County Jail Booking Renovation – $2.5M – Greeley, CO 970-371-8404 bcrownover@tcccorp.net 6820 Powell Street, Loveland, CO 80538 REFERENCES Will Hopkins - Senior PM - Weld County Facilities Department - 970-227-7588 Jay Weibel - Dealership Owner - 970-215-1574 Todd Maul - Elway Dealer Owner - 970-875-9069 Alex Englebert - PM - WeldWeld County Facilities Department - 970-381-8957 PRINCIPAL RESPONSIBILITES Provides executive oversight across multiple projects to ensure alignment with owner expectations, contract requirements, quality standards, and company objectives Directs all phases of the project lifecycle, including preconstruction strategy, constructability reviews, procurement, construction execution, and closeout Oversees project budgets, cost forecasting, and financial controls to protect profitability and ensure accurate reporting at all stages Reviews, approves, and enforces master project schedules, milestone planning, and recovery strategies to maintain schedule compliance Leads change management efforts, including scope evaluation, pricing development, risk assessment, negotiation, and resolution with owners and stakeholders Serves as a primary executive point of contact for owners, architects, engineers, inspectors, and key project partners Provides leadership, mentorship, and accountability for project managers and superintendents to ensure consistent execution, quality, and performance standards Maintains executive-level field oversight through regular site visits, progress reviews, and performance evaluations Establishes, enforces, and monitors safety programs and compliance with company policies, OSHA regulations, and project-specific requirements Supports business development and preconstruction pursuits by providing strategic input, project planning expertise, and risk evaluation Superintendent / Project Manager Jordan Cardenas PROFESSIONAL SUMMARY Jordan Cardenas is a versatile construction professional at TCC Corporation with experience spanning both project management and field supervision. With a strong background in disaster response and water restoration, Jordan brings adaptability, urgency, and problem-solving skills to every project he supports. He is known for seamlessly balancing hands-on field involvement with the responsibility of managing his own projects, allowing him to step in wherever needed while maintaining accountability for schedule, quality, and cost. Jordan prioritizes safety on every job site, ensuring crews and subcontractors adhere to established safety standards and best practices. He is highly relationship-driven, working closely with owners and subcontractors to foster trust, clear communication, and efficient execution. Jordan takes pride in delivering projects on time and in alignment with owner expectations, consistently supporting TCC’s commitment to quality, reliability, and teamwork. EDUCATION Colorado General Contractor - Class B Construction Course Leadership Adaptability Communication Strategic Thinking Problem-Solving Urgency SKILLS CERTIFICATIONS 30-HR OSHA; Forklift / Aerial/ Scissor Certifications Fort Collins Kia Dealership – $15M – Fort Collins, CO Ford Pro Elite Service Center – $17M – Loveland, CO PROJECT EXPERIENCE Alternative Homes for Youth - $2.5M - Greeley, CO Monfort Children's Clinic - $800K - Greeley, CO UNC Chiller Replacement - $1.2M - Greeley, CO 970-966-5306 jcardenas@tcccorp.net 6820 Powell Street, Loveland, CO 80538 REFERENCES Mike Philips, Alternative Homes for Youth - 970-397-1847 Jay Weibel - Dealership Owner - 970-215-1574 Cody Bays - Northern Colorado Marine - 970-619-0416 Bob Maulk - All Phase Restoration - 970-581-0078 PRINCIPAL RESPONSIBILITES Manages on-site operations by leading crews, coordinating subcontractors, and ensuring work is executed safely, efficiently, and in accordance with contract documents and quality standards Oversees daily field activities with clear communication between project teams and stakeholders to maintain alignment with schedules, milestones, and owner expectations Reviews and tracks project schedules and budgets, identifying potential risks early and implementing proactive solutions to maintain progress and cost control Drives coordination and accountability through regular production meetings, clear expectation setting, and follow-through on deliverables Maintains high-quality workmanship through routine inspections, punch list development, and enforcement of contract compliance Enforces jobsite safety through regular hazard assessments, toolbox talks, and maintaining a clean, organized, and compliant work environment Documents and tracks project activities through daily field reports, RFIs, submittals, change orders, and inspection logs to ensure transparency and accountability Coordinates with inspectors and authorities having jurisdiction to secure timely approvals, pass inspections, and achieve successful project closeout Supports overall project success by contributing to estimating, budgeting, IT coordination, branding, marketing, and community outreach efforts Weld County Motor Pool - $100K - Greeley, CO Superintendent Clayton Little PROFESSIONAL SUMMARY Clayton Little began his career as a laborer and quickly demonstrated a strong work ethic, reliability, and a desire to learn all aspects of project delivery. Working closely with TCC superintendents on a wide range of projects, he gained hands- on experience in daily jobsite operations, safety enforcement, trade coordination, and understanding project plans and specifications. This exposure allowed Clayton to develop a solid foundation in construction processes, jobsite protocols, and project sequencing. Through consistent performance and continued growth, Clayton advanced into a foreman role and was later promoted to superintendent. In his current role, he is responsible for overseeing day-to-day field operations, supervising subcontractors, enforcing safety and quality standards, and ensuring project scopes are executed efficiently and in alignment with project requirements. Clayton is recognized for his leadership, attention to detail, and proactive approach to problem-solving, contributing to safe, organized, and successful project delivery. EDUCATION Associates in Applied Sciences Communication Safety Detail-Oriented Adaptability Problem-Solving Work Ethic SKILLS CERTIFICATIONS 30-HR OSHA; Forklift / Aerial/ Scissor Certifications 970-433-4944 clittle@tcccorp.net 6820 Powell Street, Loveland, CO 80538 REFERENCES Joe Sullivan - Owner, Archer Homes - 970-227-7588 Derek Pastor - PM - Estes Park Facilities - 972-998-9307 Brian Crownover - VP - TCC Corporation - 970-371-8404 PRINCIPAL RESPONSIBILITES Manage day-to-day onsite operations by leading field crews, coordinating subcontractors, and ensuring work is performed in accordance with safety, quality, and efficiency standards. Direct and communicate daily field activities with project teams, owners, and stakeholders to maintain alignment with project schedules, milestones, and overall objectives. Monitor project schedules and budgets, identify potential risks early, and implement proactive solutions to maintain progress and mitigate impacts. Lead production meetings, establish clear expectations, and drive accountability for milestones, deliverables, and corrective actions. Maintain quality control through routine inspections, punch list development, and enforcement of contract requirements, plans, specifications, and workmanship standards. Coordinate procurement and jobsite logistics, including material deliveries, equipment usage, and manpower allocation across all phases of work. Enforce jobsite safety compliance through hazard assessments, toolbox talks, and ongoing oversight to maintain a clean, organized, and secure work environment. Document project activity through daily reports, RFIs, submittals, change management, and inspection logs to ensure accurate records and transparency. Coordinate with inspectors and authorities having jurisdiction to secure approvals, pass inspections, and support timely project closeout. Briggsdale Grader Sheds - $1.8M - Briggsdale, CO Ford Pro Elite - $15M - Loveland, CO PROJECT EXPERIENCE Estes Finance Office - $300K - Estes Park, CO Briggs Greenhouse - $300K - Westminster, CO Estes Fleet Shop - $200K - Estes Park, CO 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. CONTRACTS ON HAND TCC Corporation is currently engaged in the following projects as the prime contractor. Our workload reflects a balanced mix of municipal, educational, and infrastructure projects across Colorado, with capacity to effectively manage and deliver additional work. Ralston Water Treatment Building (Design-Build) Location: [To Be Provided] Contract Value: $423,749 Schedule: In planning; anticipated construction September 15, 2026 – November 30, 2026 Role: Prime Contractor Button Rock Storage Building (Design-Build) Location: [To Be Provided] Contract Value: $281,721 Schedule: In permitting; anticipated construction September 8, 2026 – November 21, 2026 Role: Prime Contractor CDOT Ft. Garland VSF 7+1 Location: 29152 Highway 159, Ft. Garland, CO Contract Value: $3,761,762 Schedule: February 3, 2026 – September 29, 2026 Role: Prime Contractor Clear Creek Bus Terminal Location: Clear Creek Drive & West 40th Ave, Wheat Ridge, CO Contract Value: $625,044 Schedule: February 27, 2026 – May 15, 2026 Role: Prime Contractor Stratton Childcare Facility Location: 3rd Street & New York Ave, Stratton, CO Contract Value: $2,639,810 Schedule: April 10, 2026 – September 16, 2026 Role: Prime Contractor Attachment C 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. Akron Terminal Building (Design-Build) Location: 1201 North Cedar, Akron, CO Contract Value: $1,002,132 Schedule: May 18, 2026 – September 21, 2026 Role: Prime Contractor DPS Delgado–Kepner School Renovations Location: Denver Public Schools, Denver, CO Contract Value: $1,823,326 Schedule: May 25, 2026 – August 14, 2026 Role: Prime Contractor Bennett / Fort Collins High School Generator Replacements Location: Poudre School District, Fort Collins, CO Contract Value: $224,813 Schedule: May 25, 2026 – August 14, 2026 Role: Prime Contractor University of Northern Colorado (UCCC) Acoustic Panel Replacement Location: 701 10th Ave, Greeley, CO Contract Value: $895,015 Schedule: July 6, 2026 – September 2, 2026 Role: Prime Contractor Weld County Motor Pool Addition & Remodel Location: 1399 N 17th Ave, Greeley, CO Contract Value: $19,996,954 Schedule: April 6, 2026 – May 28, 2027 Role: Prime Contractor CONTRACTS ON HAND Tentative Schedule Events Center Metal Storage Building MAY JUNE JULY AUGUST SEPT OCT NOV DEC DESCRIPTION 11 18 25 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 Notice to Proceed Submittals -4 wks for metal bld drawings Civil & Structural design/drawings Order Building -14-16 wks Mobilize to Site Off load building Sitework Dig footer/foundation Pour footer/foundation Backfill Fine grade slab/aprons, install gravel Pour slab Pour approns Erect metal building Install roof/wall panels Install Overhead doors Install walk doors/frames Punch list Turnover to owner The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Paul J. Fetherston, Internal Services Director Laura Blevins, Grant Specialist Derek Pastor, Project Manager Department: Internal Services Date: August 11, 2026 Subject: Resolution 92-26 State of Colorado Department of Local Affairs Energy Mineral Impact Assistance Fund Grant in the amount of $100,000 Toward the Design of a New Public Safety Facility Type: Resolution Objective: To seek Town Board acceptance of the Colorado Department of Local Affairs (DOLA) Energy/ Mineral Impact Assistance Fund Grant for the Estes Park Police Department/ New Public Safety Facility Design Present Situation: The EIAF grant program provides support to municipalities that are socially and/ or economically impacted by the development, processing, or energy conversion of minerals and mineral funds. The program is administered by DOLA with a focus on promoting sustainable community development, and increasing livability and resilience of communities through strategic investments in asset building activities. In the past, the EIAF grant program has funded a diverse portfolio of municipal projects across Colorado such as waterline extensions, water tank and well improvements, police department renovations and construction, community center planning and design, and comprehensive plan updates. The Town staff completed and submitted a grant application seeking funds to support the design of the new public safety facility by the February 13, 2026 deadline. During its March 10, 2026 Regular Meeting, the Town Board adopted a resolution authorizing the Mayor to sign a letter in support of the Town’s application for funding through the DOLA’s EIAF grant program. In May, the Town was notified that its application for grant funding was approved in the amount of $100,000 with a local match requirement of $100,000. The Town has the local matching funds currently in place. With regard to this DOLA grant, the State unilaterally issues the contract without requirement for Town signature. The contract has been reviewed by the Town Attorney and the attached agreement reflects the form to which is legally approved. Proposal: In order to support the Town in the costs associated with the design of the new public safety facility, Town Board authorization to accept the grant is requested. The funding will assist the Town in leveraging local funds needed to support the overall project. While this is a unilateral contract through the State of Colorado, the obligations placed on the Town through the contract warrant acceptance by the Town Board. Advantages: • Leverages local investments with State grant funding, providing $100,000 which doubles the resources available for the facility design effort. • Reduces the financial burden on local taxpayers by securing State assistance for a critical phase of the project • Positions the Town to compete for potential future construction grant and funding opportunities as funding programs often require completed design and planning documents. Disadvantages: • Requires a local financial commitment of $100,000 to satisfy the grant match requirement. The local funding is already in place. • Requires staff time and administrative resources to manage grant compliance, reporting requirements, procurement processes, and project oversight. Action Recommended: Authorize the acceptance of the DOLA EIAF grant for the new public safety facility in the amount of $100,000. Finance/Resource Impact: Requires a local match in the amount of $100,000 which is already budgeted Level of Public Interest: There is public interest in the use of funding to support the design and eventual construction of a new public safety facility. Sample Motion: I move for the approval/denial of Resolution 92-26. Attachments: 1.Resolution 92-26 2.DOLA Grant Agreement RESOLUTION 92-26 ACCEPTANCE OF THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS ENERGY/ MINERAL IMPACT ASSISTANCE FUND GRANT IN THE AMOUNT OF $100,000 FOR THE ESTES PARK POLICE DEPARTMENT/ NEW PUBLIC SAFETY FACILITY DESIGN WHEREAS, the Town Board has identified the need to plan and design a new public safety facility to address operational requirements for the provision of public safety services; and WHEREAS, the State of Colorado Department of Local Affairs (DOLA) Energy/ Mineral Impact Assistance Fund (EIAF) grant program has awarded the Town $100,000 to support the design and planning of a new public safety facility; and WHEREAS, the grant requires the Town to provide a local match in the amount of One Hundred Thousand Dollars ($100,000); and WHEREAS, acceptance of the grant will help support the funding necessary to complete professional architectural, engineering, and planning service associated with the design of the proposal facility; and WHEREAS, the Town Board finds that acceptance of the grant and provision of the required local match are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Town Board accepts the DOLA EIAF grant award in the among of One Hundred Thousand Dollars ($100,000) for the design of a new public safety facility subject to any and all Town financial obligations being contingent on annual appropriations. Section 2. The Town Board authorizes the expenditure of Town funds in the amount of One Hundred Thousand Dollars ($100,000) to satisfy the grant’s local match requirement. Section 3. Town staff is authorized to undertake all actions necessary to comply with grant requirements. Section 4. This Resolution shall take effect immediately upon adoption. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: ________________ Town Attorney Attachment 1 State of Colorado Intergovernmental Grant Agreement Summary of Terms and Conditions State Agency DEPARTMENT OF LOCAL AFFAIRS (DOLA) Grantee Town of Estes Park Project Number and Name EIAF-26-194 - Estes Park Public Safety Facility Design DLG Portal Number EIAF-26-194 CMS Number 209632 Grant Award Amount $100,000.00 Retainage Amount $5,000.00 Funding Account Codes Phase Code VCUST# VC00000000014197 Address Code CN003, EFT Performance Start Date The later of the Effective Date or June 18, 2026 Grant Expiration Date May 31, 2028 DOLA Regional Manager Chris La May, (970) 679-7679, (chris.la.may@state.co.us) DOLA Regional Assistant Rebecca Buxton, (720) 682-3864, (rebecca.buxton@state.co.us) Program Name Energy & Mineral Impact Assistance Program ( ) Agreement Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 34-63-101, et seq. (through Colorado’s Mineral Leasing Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement is funded, in whole or in part, with Federal funds (CFDA 15.437). Grant Purpose/Project Description The Project consists of architectural/engineering Design for a Public Safety Facility in the Town of Estes Park, Colorado. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF CTGG1 202600003799 FM26F4 Attachment 2 Version: 11/2024 Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit B, Scope of Project 2. Exhibit G, Sample Option Letter In the event of a conflict of inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Colorado Special Provisions in §18 of the main body of this Agreement 2. Any properly executed Option Letter or Amendment 3. The provisions of the other sections of the main body of this Agreement 4. Exhibit B, Scope of Project 5. Exhibit E, PII Certification Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 Version: 11/2024 Signature Page The Signatories Listed Below Authorize this Grant DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER _______________________________________ By: Angie Cue, EIAF Program Manager Date: _______________________ STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Maria De Cambra, Executive Director _______________________________________ By: Maria De Cambra, Executive Director Date: _______________________ Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 6/23/2026 | 11:45 AM PDT 6/27/2026 | 7:00 PM MDT EIAF-26-194 Version: 11/2024 In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate (the “Effective Date”). STATE CONTROLLER Robert Jaros, CPA, MBA, JD ______________________________________________ Name: Controller Delegate ______________________________________________ Signature: Controller Delegate Effective Date______________________ Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 6/29/2026 | 7:23 PM MDT Caleb Vester EIAF-26-194 1 of 19 Version: 11/2024 1. Grant As of the Performance Start Date, the State Agency shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the “State”) hereby obligates and awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the “Grantee”) an award of Grant Funds in the amounts shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions of all Exhibits to this Intergovernmental Grant Agreement. 2. Term A. Initial Grant Term and Extension The Parties’ respective performances under this Intergovernmental Grant Agreement shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Intergovernmental Grant Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Intergovernmental Grant Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Intergovernmental Grant Agreement are not appropriated, or otherwise become unavailable to fund this Intergovernmental Grant Agreement, the State, in its discretion, may terminate this Intergovernmental Grant Agreement in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Intergovernmental Grant Agreement that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 2 of 19 Version: 11/2024 Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Intergovernmental Grant Agreement by the State for breach by Grantee. C. Reserved. 3. Definitions The following terms shall be construed and interpreted as follows: A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. Reserved. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit B. E. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. F. Reserved. G. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S. H. Reserved. I. “Grant” or “Grant Agreement” or “Intergovernmental Grant Agreement” means this agreement which offers Grant Funds to Grantee, including all attached Exhibits, all Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 3 of 19 Version: 11/2024 documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. J. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Intergovernmental Grant Agreement. K. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. L. “Effective Date” or “Performance Start Date” means the Performance Start Date shown on the first page of this Intergovernmental Grant Agreement. Work performed prior to the Effective Date is not eligible for reimbursement from Grant Funds. M. “Exhibits” means the exhibits and attachments included with this Grant as shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. N. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Intergovernmental Grant Agreement, an Amendment, or an Option Letter. O. Reserved. P. Reserved. Q. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Intergovernmental Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. R. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. S. “Initial Term” means the time period between the initial Performance Start Date and the initial Grant Expiration Date. T. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. U. Reserved. V. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 4 of 19 Version: 11/2024 birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101 C.R.S. “PII” shall also mean “personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S. W. Reserved. X. Reserved. Y. “Services” means the services to be performed by Grantee as set forth in this Intergovernmental Grant Agreement, and shall include any services to be rendered by Grantee in connection with the Goods. Z. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. BB. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. CC. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. DD. Reserved. EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 5 of 19 Version: 11/2024 FF. Reserved. GG. Reserved. HH. Reserved. II. “Work” means the delivery of the Goods and performance of the Services described in this Intergovernmental Grant Agreement. JJ. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Performance Start Date that is used, without modification, in the performance of the Work. Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. Statement of Work Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Intergovernmental Grant Agreement. 5. Payments to Grantee A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount shown on the first page of this Intergovernmental Grant Agreement. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Award Amount. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 6 of 19 Version: 11/2024 B. Reserved. C. Matching Funds Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the “Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. D. Reimbursement of Grantee Costs Upon prior written approval, the State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Intergovernmental Grant Agreement for all allowable costs described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Budget by providing Grantee with an executed Option Letter or formal amendment. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). E. Close-Out and Deobligation of Grant Funds. Grantee shall close out this Grant within 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement and Grantee’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement request are subject to deobligation by the State. F. Erroneous Payments. The State may recover, at the State’s discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 7 of 19 Version: 11/2024 unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Intergovernmental Grant Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. 6. Reporting - Notification A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close-out period described in §5.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 7. Grantee Records A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee’s performance of its obligations under this Intergovernmental Grant Agreement using procedures as determined by the State. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. C. Final Audit Report Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 8 of 19 Version: 11/2024 Grantee shall comply with all State and federal audit requirements. Grantee shall provide copies of audits to the State upon request. 8. Confidential Information-State Records A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Intergovernmental Grant Agreement. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 9 of 19 Version: 11/2024 Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PII If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Grantee, including, but not limited to, Grantee’s employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 10 of 19 Version: 11/2024 with, or assisting with Federal immigration enforcement. If Grantee is given direct access to any State databases containing PII, Grantee shall execute, on behalf of itself and its employees, the certification attached hereto as Exhibit E on an annual basis. Grantee’s duty and obligation to certify as set forth in Exhibit E shall continue as long as Grantee has direct access to any State databases containing PII. If Grantee uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Grantee shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subcontractor has access to State databases containing PII. 9. Conflict of Interest Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant. 10. Insurance Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 11. Breach of Agreement In the event of a breach of Agreement, the aggrieved Party shall give written notice of breach of agreement to the other party. If the notified party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 11 of 19 Version: 11/2024 immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 12. Remedies A. State’s Remedies In addition to any remedies available under any Exhibit to this Grant Agreement, if Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. I. Termination for Breach In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Additionally, if Grantee fails to comply with any term or condition of this Award, then the State may, in its discretion, terminate this entire Agreement or any part of this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if any. The State may also terminate this Grant Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. a. Obligation and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee but in which the State has an interest. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 12 of 19 Version: 11/2024 At the State’s request, Grantee shall return materials owned by the State in Grantee’s possession at the time of any termination. Grantee shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Grantee was not in breach or that Grantee’s action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.B. c. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for any damages sustained by the State in connection with any breach by Grantee, and the State may withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due Grantee as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. II. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Grantee to an adjustment in price or cost or an adjustment in the performance schedule. Grantee shall promptly cease performing Work and incurring costs Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 13 of 19 Version: 11/2024 in accordance with the State’s directive, and the State shall not be liable for costs incurred by Grantee after the suspension of performance. b. Withhold Payment Withhold payment to Grantee until Grantee corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Grantee’s employees, agents, or subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee shall, as approved by the State (i) secure that right to use such work for the State and Grantee; (ii) replace the work with non-infringing work or modify the work so that it becomes non- infringing; or, (iii) remove any infringing work and refund the amount paid for such work to the State. B. Grantee’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13. Dispute Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 14 of 19 Version: 11/2024 writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 14. Notices and Representatives Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §14. 15. Rights in Work Product and Other Information Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 16. Governmental Immunity Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions, committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b); and the State’s risk management statutes, §§24-30-1501, et seq., C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 17. General Provisions A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Intergovernmental Grant Agreement. B. Captions and References Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 15 of 19 Version: 11/2024 The captions and headings in this Intergovernmental Grant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Intergovernmental Grant Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Intergovernmental Grant Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Intergovernmental Grant Agreement. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in either an option letter or a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Performance Start Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. G. Severability Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 16 of 19 Version: 11/2024 The invalidity or unenforceability of any provision of this Intergovernmental Grant Agreement shall not affect the validity or enforceability of any other provision of this Intergovernmental Grant Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Intergovernmental Grant Agreement Terms Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Intergovernmental Grant Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Accessibility i. Reserved. ii. Grantee shall comply with the Accessibility Standards for Individuals with a Disability, as adopted by the Office of Information Technology pursuant to ¤24-85- 103 C.R.S. iii. The State may require Grantee’s compliance with the Accessibility Standards for Individuals with a Disability adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. is determined and tested by a qualified third party selected by the State. The State may ask the Grantee to review the selection of the third party. Grantee shall be responsible for all costs associated with the third-party vendor’s assessment. If Grantee is not in compliance as determined by the third- party vendor, at the State’s request and at the State’s direction, Grantee shall Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 17 of 19 Version: 11/2024 promptly take all necessary actions to come into compliance using a State-approved vendor, at no additional cost to the State. L. Reserved 18. Colorado Special Provisions (Colorado Fiscal Rule 3-3) A. Statutory Approval. §24-30-202(1) C.R.S. This Intergovernmental Grant Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Intergovernmental Grant Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. Fund Availability. §24-30-202(5.5) C.R.S. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. Governmental Immunity. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b); and the State’s risk management statutes, §§24-30-1501, et seq., C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. Independent Contractor. Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability, or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Intergovernmental Grant Agreement. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 18 of 19 Version: 11/2024 Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. Compliance with Law. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law, Jurisdiction, and Venue. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. Prohibited Terms. Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109, C.R.S. H. Software Piracy Prohibition. State or other public funds payable under this Grantee shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grantee, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. Employee Financial Interest/Conflict of Interest. §§24-18-201 and 24-50-507 C.R.S. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 19 of 19 Version: 11/2024 The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 - Estes Park Public Safety Facility Design Page 1 of 7 EXHIBIT B – SCOPE OF PROJECT (SOP) 1.PURPOSE 1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. 2.DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description. The Project consists of architectural/engineering Design for a Public Safety Facility in the Town of Estes Park, Colorado. 2.2. Work Description. The Town of Estes Park (Grantee) will contract with a pre-qualified firm(s) for the completion of architectural and engineering design for a new Public Safety Facility, located on Town-owned property at the northwest corner of Community Drive and Manford Avenue in the Town of Estes Park, Colorado. Work includes: architectural and engineering services for an approximate 30,000 square foot (SF) building including site planning, architectural and engineering design, structural and civil engineering, energy- efficient systems planning, and cost estimation. Grantee will provide DOLA with electronic copies of accepted construction documents prior to Project Closeout. Grantee will own and maintain the documents. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: professional architectural and engineering fees for development of the Final construction documents for approval by the Grantee. Bid process, bonding and insurance, legal fees, consultant travel, and per diem shall be the sole responsibility of the Grantee. 3.DEFINITIONS 3.1. Project Budget Lines. 3.1.1. “Architectural/Engineering Services” means professional architectural/engineering fees, RFP/bid advertisements, survey work, Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 - Estes Park Public Safety Facility Design Page 2 of 7 water/sewer testing fees, electrical inspection and testing fees, CDPHE permit fees, and attorney’s fees. 3.2. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant is completed construction documents for the design of the Public Safety Facility in Estes Park, Colorado. 4.2. Service Area. The performance of the Work described within this Grant shall be located in the Town of Estes Park, Colorado. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Provide DOLA with Project Timeline. Within 60 days after the Effective Date of the subcontract(s). accepted stamped construction documents. Final Report. See §4.5.2 below See §4.5.2 below 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes, DOLA will use an Option Letter (Exhibit G). 4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any combination of budget lines as described in §6.2, or move Other Funds between and among budget lines, so long as the total amount of such “Other Funds” is not less than the amount set forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such change does not require an amendment or option letter. DOLA will verify the Grantee’s contribution of “Other Funds” and compliance with this section at Project Closeout. 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 - Estes Park Public Safety Facility Design Page 3 of 7 of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. 4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.5.2. Specific submittal dates. Quarter Year Due Date Pay Request Due Status Report Due 2nd (Apr-Jun) 2026 JULY 15, 2026* Yes Yes 3rd (Jul-Sep) 2026 October 30, 2026 Yes Yes 4th (Oct-Dec) 2026 January 30, 2027 Yes Yes 1st (Jan-Mar) 2027 April 30, 2027 Yes Yes 2nd (Apr-Jun) 2027 JULY 15, 2027* Yes Yes 3rd (Jul-Sep) 2027 October 30, 2027 Yes Yes 4th (Oct-Dec) 2027 January 30, 2028 Yes Yes 1st (Jan-Mar) 2028 April 30, 2028 Yes Yes 2nd (Apr-Jun) 2028 JULY 15, 2028* Yes Yes *State fiscal year runs July 1 – June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. 4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 - Estes Park Public Safety Facility Design Page 4 of 7 5. PERSONNEL 5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of Paul Fetherston, Internal Services Director, (pfetherston@estes.org), who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this §5. Such administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel. Laura Blevins, Grant Specialist, (lblevins@estes.org). Such key personnel shall be updated through the process in §5.3. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §14 of the Grant. 5.4. DLG Regional Manager: Chris La May, (970) 679-7679, (chris.la.may@state.co.us) 5.5. DLG Regional Assistant: Rebecca Buxton, (720) 682-3864, (rebecca.buxton@state.co.us) 6. FUNDING The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2, Budget, below. 6.1. Matching/Other Funds. Grantee shall provide at least 93% of the Total Project Cost as documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s contribution are noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution to Total Project Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B. 6.2. Budget Cost Funds Funds Funds Source # Architectural/Engineering Services Total $1,500,000 $100,000 $1,400,000 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §5 of the Grant. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 - Estes Park Public Safety Facility Design Page 5 of 7 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. Interim Payment(s) $95,000 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. (as determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has accepted, all required reports. Total $100,000 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms. DOLA may withhold payment(s) if such reports are not submitted timely. 8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to DOLA in accordance with §4.5 of this Exhibit B. 8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 - Estes Park Public Safety Facility Design Page 6 of 7 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 EIAF-26-194 - Estes Park Public Safety Facility Design Page 7 of 7 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: 0C970388-26FA-8711-81C1-7E50099BB261 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Director Bergsten Department: Utilities Date: August, 11, 2026 Subject: Resolution 93-26 Decline to Exercise the Right of First Refusal to Purchase Windy Gap Water Units from the Platte River Power Authority Type: Resolution Objective: Staff requests Town Board approve Resolution 93-26 which waives the Town’s First Right of Refusal for Platte River Power Authority’s (PRPA) sale of two unfirmed Windy Gap water units. Present Situation: PRPA is prepared to publish a request for bids on two unfirmed Windy Gap units, with a minimum bid price of $4,900,000 per unit. Unfirmed water rights do not have storage space in the Chimney Hollow Reservoir project. Under the 2017 Agreement Regarding Exercise of Rights of First Refusal (ROFR) To Acquire Windy Gap Water Units and the original 1974 "Assignment" agreement, Estes Park has the right to purchase the units on substantially similar terms and conditions as those offered to the successful bidder. PRPA has asked that the Town respond to our first right of refusal to eliminate potential roadblocks in the transaction of this sale, thus giving bidders confidence in the successful completion of the transaction. Proposal: Staff requests the Town Board adopt Resolution 93-26 waiving the Town’s ROFR for the sale of two unfirmed Windy Gap water Units by PRPA. Advantages: •Allows PRPA to issue a request for bids on the sale of these Windy Gap water rights without the ROFR limitation, which could deter buyers from participating. Disadvantages: •Declining the ROFR means the Town would not acquire the two units currently offered for sale; however, the Town has adequate water rights to meet future buildout demands. Action Recommended: Approve the attached Resolution Finance/Resource Impact: None Level of Public Interest: Low to Moderate. The historic drought conditions have increased public awareness of water as a precious resource. Sample Motion: I move for the approval/denial of the Resolution Attachments: 1. Resolution 93-26 2. 2017 Right Of First Refusal Agreement and memo from the Town Board December 12, 2017 meeting 3.Town Board memo from August 8, 2023, addressing the same decision RESOLUTION 93-26 WAIVING THE TOWN’S RIGHT OF FIRST REFUSAL TO PURCHASE TWO WINDY GAP UNITS OWNED BY PLATTE RIVER POWER AUTHORITY WHEREAS, the Town Board wishes to waive the Town’s first right of refusal concerning the proposed sale of two unfirmed Windy Gap units by Platte River Power Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board waives the Town’s first right of refusal for the sale of two unfirmed Windy Gap units by Platte River Power Authority. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Town Attorney To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: December 12, 2017 RE: Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River Power Authority Objective: Approve the Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units From Platte River Power Authority among the City of Fort Collins, City of Loveland, Town of Estes Park (collectively the “Municipalities”), and Platte River Power Authority (“Platte River”). Present Situation: The Municipalities were the original participants in the Windy Gap Water Project developed by the Municipal Subdistrict of the Northern Colorado Water Conservancy District along with the City of Boulder, City of Longmont, and the City of Greeley. The Municipalities, along with the City of Longmont, collectively formed Platte River. In July of 1974, the Municipalities assigned their preferential rights to contract with the Subdistrict for 160 units of Windy Gap water to PRPA (80 units from Fort Collins, 40 units from Loveland and 40 units from the Town). As part of that assignment, a Right of First Refusal was reserved to the Municipalities stating as follows: If Platte River shall ever offer the right to the use of any such waters, through development of reuse potential, transfer, lease or sale of any portion of the allotment, or otherwise, to any other person or entity, it shall first offer the use thereof, to the Municipality on substantially similar terms and conditions as those at which such right of use is offered to such other person or entity.” In the last few years, Platte River has annually leased some of its Windy Gap water to third parties and obtained approval of those leases from the Municipalities. Recently, Platte River determined that it does not need all of its allocation of Windy Gap water to meet its current and future power generation needs. Platte River has determined to divest some of its Windy Gap water units. In 2017, Platte River sold 23 Windy Gap water units to various third parties, and the Municipalities each waived and refused their respective rights of first refusal with respect to those 23 Windy Gap water units. 445 Attachment 2 However, due to issues and questions that arose with regard to the sale of those 23 Windy Gap water units, the Municipalities and Platte River determined to enter into an Agreement defining the procedures, roles, and responsibilities of each party with regard to the exercise of the Municipalities’ rights of first refusal for any future transfer of Windy Gap water units by Platte River. The Agreement provides for the following a) Notice by Platte River of the proposed Windy Gap transfer with a third party; b) Procedure for protecting any confidential information with regard to potential transfer of Windy Gap water; c) Exercise or waiver of each Municipalities’ right of first refusal; d) Joint exercise of Municipalities’ right of first refusal in the event that two or more Municipalities wish to exercise their right of first refusal. Town Staff is recommending approval of the Agreement as it provides needed clarification of the procedures, roles, and responsibilities for the exercise or waiver of the right of first refusal for any future transfer of Windy Gap water rights by Platte River pursuant to the Town’s July of 1974 assignment of 40 units of the Town’s Windy Gap water to Platte River. Advantages: Adoption of the Agreement clarifies the Municipalities’ and Platte River’s procedures, roles and responsibilities for any future transfer of Windy Gap water by Platte River. Disadvantages: None. Action Recommended: The approval of the Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River. Budget: There are no budget implications pursuant to this Agreement. Level of Public Interest Low. Sample Motion: I move to approve/not approve the Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River Power Authority. Attachments: Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River Power Authority. 446 1 AGREEMENT REGARDING EXERCISE OF RIGHTS OF FIRST REFUSAL TO ACQUIRE WINDY GAP WATER UNITS FROM PLATTE RIVER POWER AUTHORITY WHEREAS, the City of Fort Collins, the City of Loveland and the Town of Estes Park (each a Municipality” and collectively the “Municipalities”) participated in a project developed by the Municipal Subdistrict of the Northern Colorado Water Conservancy District (“Subdistrict”) to divert and store water from the Western Slope known as the “Windy Gap Project;” and WHEREAS, in connection with their participation in the Windy Gap Project, each of the Municipalities received a preferential right to contract with the Subdistrict for a certain fraction of the waters developed by the Subdistrict; and WHEREAS, the waters developed by the Subdistrict were ultimately represented by contractual allotments of units of water from the Windy Gap Project (“Windy Gap Water Units”), with each unit representing approximately 1/480th of the anticipated yield of the Windy Gap Project, or approximately 100 acre-feet of water; and WHEREAS, in July 1974, the Municipalities assigned their preferential rights to contract with the Subdistrict for the equivalent of 160 Windy Gap Water Units to the Platte River Power Authority (“Platte River”), being the equivalent of 80 units from Fort Collins, and 40 units from Loveland and 40 units from Estes Park, with copies of said assignments being attached hereto as Exhibits A, B, and C; and WHEREAS, each of the Municipalities’ assignments of the Windy Gap Water Units to Platte River reserved a right of first refusal to the Municipalities, stating: I]f Platte River shall ever offer the right to the use of any of such waters, through development of reuse potential, transfer, lease or sale of any portion of the allotment, or otherwise, to any other person or entity, it shall first offer the use thereof, to the Municipality on substantially similar terms and conditions as those at which such right of use is offered to such other person or entity. The assignments, however, provided no further guidance regarding the coordination of the exercise of the Municipalities’ respective rights of first refusal; and WHEREAS, Platte River has previously sold 23 Windy Gap Water Units to various third parties, leaving Platte River with 137 Windy Gap Water Units, and the Municipalities each waived and refused their respective rights of first refusal with respect to those 23 Windy Gap Water Units; and WHEREAS, the Municipalities and Platte River wish to provide for the efficient administration and documentation of the Municipalities’ exercise or refusal of such rights with respect to any future transfer of the right to use any such Windy Gap Water Units, through development of reuse potential, 447 2 transfer, lease or sale of any portion of the allotment, or otherwise (hereinafter a “Windy Gap Transfer”); NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties agree as follows: 1. Term of Agreement. This Agreement shall remain in force and effect until the termination of rights described in Section 8 below has occurred. 2. Notice of Transfer. Upon reaching agreement on the material terms of a proposed Windy Gap Transfer with a third party, Platte River shall provide written notice to the Municipalities (“Notice of Transfer”). The Notice of Transfer shall state, at minimum, (a) the number of Windy Gap Water Units subject to the proposed Windy Gap Transfer and (b) the material terms of the proposed Windy Gap Transfer. Notice shall be deemed given as of the date of receipt of the Notice of Transfer by the Municipalities. The identity of the counterparty need not be disclosed in the Notice of Transfer. 3. Confidentiality of Terms of Notice of Transfer. It is agreed and understood that the unauthorized disclosure of the terms of a proposed Windy Gap Transfer may cause immediate and irreparable damage to Platte River, including but not limited to the loss of favorable transaction terms. Accordingly, the Notice of Transfer and all terms and conditions set forth therein (hereinafter referred to collectively as “Confidential Information”) shall be subject to the following terms and conditions: a. Platte River shall conspicuously mark any Notice of Transfer given to the Municipalities as “CONFIDENTIAL”. b. The Municipalities shall maintain the Confidential Information in the strictest of confidence and shall not disclose such terms and conditions to any third party without the express, written consent of Platte River, subject to Paragraph 3.f. For the purposes of this paragraph, “third party” does not refer to a Municipality’s employees, agents, consultants, contractors, and elected or appointed officials. c. The obligations of confidentiality and non-disclosure regarding the Confidential Information set forth herein shall be binding upon the Municipalities and their respective employees, agents, consultants, contractors, and elected or appointed officials, subject to Paragraph 3.f. d. Each Municipality shall take such steps as are reasonably necessary to limit the disclosure of the Confidential Information to a Municipality’s employees, agents, consultants, contractors, and elected or appointed officials, with a need to know such information in order to assist the Municipality in evaluating whether to exercise its right of first refusal, subject to Paragraph 3.f. e. Each Municipality shall inform any person to whom it discloses the Confidential Information of the confidentiality obligations of this Agreement and, with respect to persons who are not a Municipality’s employees or elected or appointed officials, shall 448 3 secure the written agreement of that person to maintain the confidentiality of such Confidential Information. f. Nothing herein shall affect the obligations of a Municipality to either make disclosures or preserve the confidentiality of the Notice of Transfer to the extent required by law or court order, including, but not limited to, requirements under the Colorado Open Records Act, CRS §24-72-201 et seq., and other Colorado and federal statutes, court rules, and administrative rules and regulations. If a Municipality receives a request to produce or disclose the Confidential Information, whether pursuant to the Colorado Open Records Act, C.R.S. §24-72-201, et seq., through a subpoena or other lawful process, or otherwise, the Municipality shall (a) notify Platte River of the request as soon as practicable and (b) take such steps, to the extent permitted by law, as may reasonably be required to enforce this covenant of confidentiality against such disclosure, unless Platte River consents to the disclosure in writing. g. The terms and conditions regarding the preservation of the confidentiality of the Confidential Information shall continue for a period of one year from the date of receipt of the Notice of Transfer by the Municipalities. Platte River may waive the requirements of subparagraphs a through g of this Section 3 upon written notice to the Municipalities. 4. Exercise or Waiver of Right. Each Municipality shall have sixty three (63) calendar days from receipt of the Notice of Transfer to provide Platte River notice of its intent to exercise or waive its right of first refusal. The right of first refusal must be exercised with respect to the entire amount of Windy Gap Water Units included in the particular proposed Windy Gap Transfer, and may not be exercised with respect to a portion of the Windy Gap Water Units included in the particular proposed Windy Gap Transfer. By providing written notice of its intent to exercise right of first refusal with respect to any proposed Windy Gap Transfer (a “Notice to Exercise”), a Municipality agrees to be bound to the terms and conditions set forth in the Notice of Transfer. Platte River and the Municipality shall thereafter enter into a written agreement incorporating the material terms of the Notice of Transfer within sixty three (63) days after the Municipality delivers its written Notice to Exercise to Platte River. If Platte River does not receive a Municipality’s Notice to Exercise or a written waiver of the right of first refusal within sixty three (63) days of the Notice of Transfer, the Municipality shall be deemed to have waived and refused its right of first refusal with respect to that proposed Windy Gap Transfer. 5. Concurrent Pro-Rata Rights/Joint Exercise. The Municipalities’ rights of first refusal with respect to any proposed Windy Gap Transfer shall run concurrently. If more than one Municipality delivers a Notice to Exercise to Platte River within the sixty three (63) day period described in Section 4, the Municipalities may exercise their rights of first refusal jointly. Platte River shall immediately notify each Municipality in writing that more than one Notice to Exercise has been received, and the Municipalities that have delivered the Notice to Exercise shall have seventy-seven (77) days after such notice to negotiate an agreement among themselves and Platte River to acquire jointly the rights subject to the proposed Windy Gap Transfer from Platte River and to deliver such joint agreement to Platte River. The 449 4 Municipalities agree that, in such negotiations, the Municipalities shall recognize their respective pro rata rights of first refusal. The Municipalities may agree to divide the rights subject to the proposed Windy Gap Transfer, as well as the consideration to be paid to Platte River for such rights, as among themselves. The material terms of any such joint agreement, including the consideration to be paid to Platte River, shall be substantially the same as set forth in the Notice of Transfer. 6. Limit on Number of Units Subject to Right. No Municipality shall have the right to acquire from Platte River, through the exercise of its rights of first refusal, more Windy Gap Water Units than the equivalent number of Windy Gap Water Units that such Municipality originally assigned to Platte River: i.e. City of Fort Collins (80), City of Loveland (40), and Town of Estes Park (40). If a Municipality exercises its right of first refusal with respect to any Windy Gap Water Units subject to a Windy Gap Transfer, its right of first refusal shall be reduced by the number of Windy Gap Water Units acquired thereby. If two or more Municipalities jointly exercise a right of first refusal with respect to any Windy Gap Transfer, those Municipalities shall agree in writing and notify Platte River as to how the Windy Gap Water Units will be apportioned among them and their respective rights of first refusal shall be reduced by the number of Windy Gap Water Units so apportioned. Notwithstanding the foregoing, a Municipality may increase the number of Windy Gap Water Units subject to its right of first refusal by acquiring the rights of first refusal held by any other Municipality. Platte River shall maintain a record of the number of Windy Gap Water Units subject to each Municipality’s right of first refusal and the number of Windy Gap Water Units acquired through each Municipality’s exercise of its right of first refusal. 7. Effect of Waiver of Right of First Refusal on Future Windy Gap Transfer. If a Municipality waives or refuses its right of first refusal to any Windy Gap Transfer, it shall continue to have the right to exercise its right of first refusal as to any future Windy Gap Transfer up to the full number of units remaining subject to such Municipality’s right of first refusal. 8. Termination of Rights. A Municipality’s right of first refusal to acquire Windy Gap Water Units from Platte River shall terminate if a Municipality acquires, through the right of first refusal, a number of Windy Gap Water Units equal to the equivalent number of units it originally assigned to Platte River or, if it has obtained additional rights of first refusal as described in Section 6 above, the sum total of all such units attributable to those originally assigned and later acquired. 9. Sales to a Municipality. Platte River shall not offer for sale any Windy Gap Water Units to any Municipality without offering a like number of units to the other Municipalities. In any such sales, the Municipalities shall not have the right to exercise their rights of first refusal addressed in this Agreement against another Municipality, provided however, that the number of Windy Gap Water Units that a Municipality acquires shall count against that Municipality’s limit under Paragraph 6 of this Agreement. 10. Right Inapplicable to Subsequently Acquired Units. A Municipality’s right of first refusal shall not extend to any Windy Gap Water Units that may be acquired by Platte River separate and apart from the units attributable to those initially assigned to Platte River by the Municipalities. 450 5 11. Notices. Any notice required to be given under this Agreement shall be made in writing and delivered via email or overnight delivery to the following: a. If to Fort Collins: City Manager and Utilities Executive Director City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 With a copy to City Attorney’s Office b. If to Loveland: Director. Department of Water and Power City of Loveland 200 N. Wilson Ave. Loveland, CO 80537 With a copy to: City Attorney City of Loveland 500 E. 3rd St., Suite 330 Loveland, CO 80537 c. If to Estes Park: Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 d. If to Platte River: General Manager Platte River Power Authority 2000 East Horsetooth Road Fort Collins, CO 80525 With a copy to the General Counsel at the same address) 12. Entire Agreement. This Agreement represents the entire agreement among the parties concerning the subject matter herein, and shall supersede and replace any prior negotiations, understandings or agreements concerning such subject matter. 13. Amendments. This Agreement may not be altered or amended except by a writing duly executed by an authorized agent of the party to be charged with performance. 14. Counterparts. This Agreement may be executed in counterparts, all of which together shall be considered a single agreement. 451 6 DATED this ____ day of ________________, 2017. THE CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation By: _____________________________________ Darin A. Atteberry, City Manager ATTEST: City Clerk’s Office APPROVED AS TO FORM: Assistant City Attorney 452 7 DATED this ____ day of ________________, 2017. CITY OF LOVELAND By:________________________________ Mayor Attest: 453 8 DATED this ____ day of ________________, 2017. TOWN OF ESTES PARK By:________________________________ Mayor Attest: 454 9 DATED this ____ day of ________________, 2017. PLATTE RIVER POWER AUTHORITY By:________________________________ Chief Executive Officer Attest: 455 456 UTILITIES DEPARTMENTSMemo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Water Supervisor Northcutt, Acting Superintendent Wesley, Director Bergsten Date: August 8, 2023 RE: Decline to Exercise Right of First Refusal to Purchase Windy Gap Water Units Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES X NO Objective: Staff’s objective is to support Platte River Power Authority’s (PRPA’s) public sale of water rights to help lower wholesale electric rate pressures. Present Situation: PRPA is selling “unfirmed”, i.e., no storage/reservoir to hold it, Windy Gap water units. The Town of Estes Park has a Right Of First Refusal (ROFR) to purchase these water units at market value, a minimum of $3.8 million for each unit of 100 acre-feet. The Town’s water portfolio does not require additional water rights. The Town’s existing portfolio includes enough water for the ultimate build-out, which is restricted by geography, National Forest, and the National Park. The Town’s water portfolio is complex and detailed in section one of our 2015 Comprehensive Water Master Plan. Proposal: Staff proposes the Town Board direct staff to decline to exercise its ROFR to purchase PRPA’s unfirmed Windy Gap water Units. Advantages: Allows PRPA publicly RFP for sale water rights without the ROFR limitation, which could deter buyers from participating. Wholesale electric rate pressure will be lowered because the proceeds from the sale will offset PRPA expenditures. TOWN of ESTES R Attachment 3 Allows the growing front range municipalities an opportunity to secure water rights for future needs Disadvantages: None Action Recommended: Direct staff to decline to exercise the ROFR Finance/Resource Impact: N/A. Level of Public Interest Low Sample Motion: This item is on consent. If pulled from consent: I move for the approval/denial of directing staff to decline our ROFR to purchase Windy Gap water units from PRPA Attachments: 1. Right Of First Refusal Agreement 2. 2015 Water Master Plan Section 1, Water Rights ATTACHMENT 1 AGREEMENT REGARDING EXERCISE OF RIGHTS OF FIRST REFUSAL TO ACQUIRE WINDY GAP WATER UNITS FROM PLATTE RIVER POWER AUTHORITY WHEREAS,the City of Fort Collins,the City of Loveland and the Town of Estes Park (each a Municipality"and collectively the "Municipalities")participated in a project developed by the Municipal Subdistrict of the Northern Colorado Water Conservancy District ("Subdistrict")to divert and store water from the Western Slope known as the "Windy Gap Project;"and WHEREAS,in connection with their participation in the Windy Gap Project,each of the Municipalities received a preferential right to contract with the Subdistrict for a certain fraction of the waters developed by the Subdistrict;and WHEREAS,the waters developed by the Subdistrict were ultimately represented by contractual allotments of units of water from the Windy Gap Project ("Windy Gap Water Units"),with each unit representing approximately l/480th of the anticipated yield of the Windy Gap Project,or approximately 100 acre-feet of water;and WHEREAS,in July 1974,the Municipalities assigned their preferential rights to contract with the Subdistrict for the equivalent of 160 Windy Gap Water Units to the Platte River Power Authority ("Platte River"),being the equivalent of 80 units from Fort Collins,and 40 units from Loveland and 40 units from Estes Park,with copies of said assignments being attached hereto as Exhibits A,B,and C;and WHEREAS,each of the Municipalities'assignments of the Windy Gap Water Units to Platte River reserved a right of first refusal to the Municipalities,stating: l]f Platte River shall ever offer the right to the use of any of such waters,through development of reuse potential,transfer,lease or sale of any portion of the allotment, or otherwise,to any other person or entity,it shall first offer the use thereof,to the Municipality on substantially similar terms and conditions as those at which such right of use is offered to such other person or entity. The assignments,however,provided no further guidance regarding the coordination of the exercise of the Municipalities'respective rights of first refusal;and WHEREAS,Platte River has previously sold 23 Windy Gap Water Units to various third parties, leaving Platte River with 137 Windy Gap Water Units,and the Municipalities each waived and refused their respective rights of first refusal with respect to those 23 Windy Gap Water Units;and WHEREAS,the Municipalities and Platte River wish to provide for the efficient administration and documentation of the Municipalities'exercise or refusal of such rights with respect to any future transfer of the right to use any such Windy Gap Water Units,through development of reuse potential, 1 Of Attachment 3, 2026-08-11 transfer,lease or sale of any portion of the allotment,or otherwise (hereinafter a "Windy Gap Transfer"); NOW,THEREFORE,for and in consideration of the mutual promises and covenants herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the undersigned parties agree as follows: 1.Term of Agreement.This Agreement shall remain in force and effect until the termination of rights described in Section 8 below has occurred. 2.Notice of Transfer.Upon reaching agreement on the material terms of a proposed Windy Gap Transfer with a third party,Platte River shall provide written notice to the Municipalities ("Notice of Transfer").The Notice of Transfer shall state,at minimum,(a)the number of Windy Gap Water Units subject to the proposed Windy Gap Transfer and (b)the material terms of the proposed Windy Gap Transfer.Notice shall be deemed given as of the date of receipt of the Notice of Transfer by the Municipalities.The identity of the counterparty need not be disclosed in the Notice of Transfer. 3.Confidentiality of Terms of Notice of Transfer.It is agreed and understood that the unauthorized disclosure of the terms of a proposed Windy Gap Transfer may cause immediate and irreparable damage to Platte River,including but not limited to the loss of favorable transaction terms. Accordingly,the Notice of Transfer and all terms and conditions set forth therein (hereinafter referred to collectively as "Confidential Information")shall be subject to the following terms and conditions: a.Platte River shall conspicuously mark any Notice of Transfer given to the Municipalities as "CONFIDENTIAL". b.The Municipalities shall maintain the Confidential Information in the strictest of confidence and shall not disclose such terms and conditions to any third party without the express,written consent of Platte River,subject to Paragraph 3.f.For the purposes of this paragraph,"third party"does not refer to a Municipality's employees,agents, consultants,contractors,and elected or appointed officials. c.The obligations of confidentiality and non-disclosure regarding the Confidential Information set forth herein shall be binding upon the Municipalities and their respective employees,agents,consultants,contractors,and elected or appointed officials,subject to Paragraph 3.f. d.Each Municipality shall take such steps as are reasonably necessary to limit the disclosure of the Confidential Information to a Municipality's employees,agents, consultants,contractors,and elected or appointed officials,with a need to know such information in order to assist the Municipality in evaluating whether to exercise its right of first refusal,subject to Paragraph 3.f. e.Each Municipality shall inform any person to whom it discloses the Confidential Information of the confidentiality obligations of this Agreement and,with respect to persons who are not a Municipality's employees or elected or appointed officials,shall 2 secure the written agreement of that person to maintain the confidentiality of such Confidential Information. f.Nothing herein shall affect the obligations of a Municipality to either make disclosures or preserve the confidentiality of the Notice of Transfer to the extent required by law or court order,including,but not limited to,requirements under the Colorado Open Records Act,CRS §24-72-201 et seq.,and other Colorado and federal statutes,court rules,and administrative rules and regulations.If a Municipality receives a request to produce or disclose the Confidential Information,whether pursuant to the Colorado Open Records Act,C.R.S.§24-72-201,et seq.,through a subpoena or other lawful process,or otherwise,the Municipality shall (a)notify Platte River of the request as soon as practicable and (b)take such steps,to the extent permitted by law,as may reasonably be required to enforce this covenant of confidentiality against such disclosure,unless Platte River consents to the disclosure in writing. g.The terms and conditions regarding the preservation of the confidentiality of the Confidential Information shall continue for a period of one year from the date of receipt of the Notice of Transfer by the Municipalities. Platte River may waive the requirements of subparagraphs a through g of this Section 3 upon written notice to the Municipalities. 4.Exercise or Waiver of Right.Each Municipality shall have sixty three (63)calendar days from receipt of the Notice of Transfer to provide Platte River notice of its intent to exercise or waive its right of first refusal.The right of first refusal must be exercised with respect to the entire amount of Windy Gap Water Units included in the particular proposed Windy Gap Transfer,and may not be exercised with respect to a portion of the Windy Gap Water Units included in the particular proposed Windy Gap Transfer.By providing written notice of its intent to exercise right of first refusal with respect to any proposed Windy Gap Transfer (a "Notice to Exercise"),a Municipality agrees to be bound to the terms and conditions set forth in the Notice of Transfer.Platte River and the Municipality shall thereafter enter into a written agreement incorporating the material terms of the Notice of Transfer within sixty three (63)days after the Municipality delivers its written Notice to Exercise to Platte River.If Platte River does not receive a Municipality's Notice to Exercise or a written waiver of the right of first refusal within sixty three (63)days of the Notice of Transfer,the Municipality shall be deemed to have waived and refused its right of first refusal with respect to that proposed Windy Gap Transfer. 5.Concurrent Pro-Rata Rights/Joint Exercise.The Municipalities'rights of first refusal with respect to any proposed Windy Gap Transfer shall run concurrently.If more than one Municipality delivers a Notice to Exercise to Platte River within the sixty three (63)day period described in Section 4,the Municipalities may exercise their rights of first refusal jointly.Platte River shall immediately notify each Municipality in writing that more than one Notice to Exercise has been received,and the Municipalities that have delivered the Notice to Exercise shall have seventy-seven (77)days after such notice to negotiate an agreement among themselves and Platte River to acquire jointly the rights subject to the proposed Windy Gap Transfer from Platte River and to deliver such joint agreement to Platte River.The 3 Municipalities agree that,in such negotiations,the Municipalities shall recognize their respective pro rata rights of first refusal.The Municipalities may agree to divide the rights subject to the proposed Windy Gap Transfer,as well as the consideration to be paid to Platte River for such rights,as among themselves.The material terms of any such joint agreement,including the consideration to be paid to Platte River,shall be substantially the same as set forth in the Notice of Transfer. 6.Limit on Number of Units Subject to Right.No Municipality shall have the right to acquire from Platte River,through the exercise of its rights of first refusal,more Windy Gap Water Units than the equivalent number of Windy Gap Water Units that such Municipality originally assigned to Platte River: i.e.City of Fort Collins (80),City of Loveland (40),and Town of Estes Park (40).If a Municipality exercises its right of first refusal with respect to any Windy Gap Water Units subject to a Windy Gap Transfer,its right of first refusal shall be reduced by the number of Windy Gap Water Units acquired thereby.If two or more Municipalities jointly exercise a right of first refusal with respect to any Windy Gap Transfer,those Municipalities shall agree in writing and notify Platte River as to how the Windy Gap Water Units will be apportioned among them and their respective rights of first refusal shall be reduced by the number of Windy Gap Water Units so apportioned.Notwithstanding the foregoing,a Municipality may increase the number of Windy Gap Water Units subject to its right of first refusal by acquiring the rights of first refusal held by any other Municipality.Platte River shall maintain a record of the number of Windy Gap Water Units subject to each Municipality's right of first refusal and the number of Windy Gap Water Units acquired through each Municipality's exercise of its right of first refusal. 7.Effect of Waiver of Right of First Refusal on Future Windy Gap Transfer.If a Municipality waives or refuses its right of first refusal to any Windy Gap Transfer,it shall continue to have the right to exercise its right of first refusal as to any future Windy Gap Transfer up to the full number of units remaining subject to such Municipality's right of first refusal. 8.Termination of Rights.A Municipality's right of first refusal to acquire Windy Gap Water Units from Platte River shall terminate if a Municipality acquires,through the right of first refusal,a number of Windy Gap Water Units equal to the equivalent number of units it originally assigned to Platte River or, if it has obtained additional rights of first refusal as described in Section 6 above,the sum total of all such units attributable to those originally assigned and later acquired. 9.Sales to a Municipality.Platte River shall not offer for sale any Windy Gap Water Units to any Municipality without offering a like number of units to the other Municipalities.In any such sales,the Municipalities shall not have the right to exercise their rights of first refusal addressed in this Agreement against another Municipality,provided however,that the number of Windy Gap Water Units that a Municipality acquires shall count against that Municipality's limit under Paragraph 6 of this Agreement. 10.Right Inapplicable to Subsequently Acquired Units.A Municipality's right of first refusal shall not extend to any Windy Gap Water Units that may be acquired by Platte River separate and apart from the units attributable to those initially assigned to Platte River by the Municipalities. 4 11.Notices.Any notice required to be given under this Agreement shall be made in writing and delivered via email or overnight delivery to the following: a.If to Fort Collins:City Manager and Utilities Executive Director City of Fort Collins P.O.Box 580 Fort Collins,CO 80522 With a copy to City Attorney's Office b.If to Loveland:Director.Department of Water and Power City of Loveland 200 N.Wilson Ave. Loveland,CO 80537 With a copy to: City Attorney City of Loveland 500 E.3rd St.,Suite 330 Loveland,CO 80537 c.If to Estes Park:Town Administrator Town of Estes Park P.O.Box 1200 Estes Park,CO 80517 d.If to Platte River:General Manager Platte River Power Authority 2000 East Horsetooth Road Fort Collins,CO 80525 With a copy to the General Counsel at the same address) 12.Entire Agreement.This Agreement represents the entire agreement among the parties concerning the subject matter herein,and shall supersede and replace any prior negotiations, understandings or agreements concerning such subject matter. 13.Amendments.This Agreement may not be altered or amended except by a writing duly executed by an authorized agent of the party to be charged with performance. 14.Counterparts.This Agreement may be executed in counterparts,all of which together shall be considered a single agreement. 5 DATED this day of QeT^cT 2017. THE CITY OF FORT COLLINS,COLORADO, a Colorado municipal corporation ATTEST: APPROVED AS TO FORM: Assistant City Attorney 6 DATED this <9^day of 2017. CITY OF LOVELAND Approved as to Form:Attest: 7 DATED this p-^day of 2017. Attest: 8 DATED this /V day of 2017. PLATTE RIVER POWER AUTHORITY Attest: 9 5 3100 ASSIGNMENT WHEREAS,Platte River Power Authority (hereafter,"Platte River"),is an agency and instrumentality of the City of Fort Collins,Colorado (hereafter, the "Municipality"),and supplies at wholesale the electric power and energy requirements of the Municipality for resale by its municipal electric utility; and WHEREAS,Platte River will require additional electric generating capacity when the limits of its existing and scheduled energy resources have been reached, presently anticipated for the year 1982,and Platte River anticipates that such additional capacity will be located in the Platte River drainage basin;and WHEREAS,the limited availability of water sources in Eastern Colorado to meet the cooling requirements incident to any proposed thermal-electric generating facility makes the acquisition of adequate water supplies essential to Platte River's and the Municipality's future power supply;and WHEREAS,the Municipality is a participant in the Municipal Subdistrict, Northern Colorado Water Conservancy District and entitled as such to a preferential right to contract for an allotment equal to one-sixth £1/6)of the waters developed by the said Subdistrict; NOW,THEREFORE,the Municipality does by these presents assign,transfer and convey to Platte River all of its preferential right to contract for said allotment, or any part thereof. And Platte River,in consideration of said assignment,does agree with the Municipality: 1.That within three (3)years from the execution of an allotment con¬ tract between the said Subdistrict and Platte River for the use of the waters alloted to Platte River by virtue of this assignment,Platte River shall reimburse the Municipality for assessments heretofore paid by the Municipality to the Sub¬ district and to the Six Cities Water Committee in connection with the investigation, protection and development of the so-called "Windy Gap Project,"and 2.Except for the use of the waters alloted to Platte River by virtue of this assignment in connection with the generation of electric energy in a thermal¬ electric project or projects in which Platte River participates,if Platte River shall ever offer the right to the use of any of such waters,through development of re¬ use potential,transfer,lease or sale of any portion of the allotment,or otherwise, EXHIBIT A to any other person or entity,it shall first offer the use thereof,to the Muni¬ cipality on substantially similar terms and conditions as those at which such right of use is offered to such other person or entity. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF,this agreement has been executed by the parties this 1974. PLATTE RIVER POWER AUTHORITY ASSIGNMENT WHEREAS,Platte River Power Authority (hereafter, Platte River"),is an agency and instrumentality of the City of Loveland,Colorado (hereafter,the "Municipality"),and supplies at wholesale electric power and energy requirements of the Municipality for resale by its municipal electric utility;and WHEREAS,Platte River will require additional electric generating capacity when the limits of its existing and scheduled energy resources have been reached,presently anticipated for the year 1982,and Platte River anticipates that such additional capacity will be located in the Platte River drainage basin;and WHEREAS,the limited availability of water sources in Eastern Colorado to meet the cooling requirements incident to any proposed thermal-electric generating facility makes the acquisition of adequate water supplies essential to Platte River’s and the Municipality's future power supply;and WHEREAS,the Municipality is a participant in the Municipal Subdistrict,Northern Colorado Water Conservancy District and entitled as such to a preferential right to contract for an allotment equal to one-sixth (1/6)of the waters developed by the said Subdistrict; NOW,THEREFORE,the Municipality does by these presents assign,transfer and convey to Platte River one-half 1/2)of its preferential right to contract for said allot¬ ment,or any part thereof. And Platte River,in consideration of said assign¬ ment,does agree with the Municipality: EXHIBIT B 1).That within three (3)years from the execution of an allotment contract between the said Sub¬ district and Platte River for the use of the waters allotted to Platte River by virtue of this assignment,Platte River shall reimburse the Municipality for that portion of the assessments heretofore paid by the Municipality to the Sub¬ district and to the Six Cities Water Committee in connection with the investigation,protection and development of the so-called "Windy Gap Project",which is attributable to the preferential right herein assigned to Platte River,and 2).Except for the use of the waters allotted to Platte River by virtue of this agreement in connection with the generation of electric energy in a thermal-electric project or projects in which Platte River participates,if Platte River shall ever offer the right to the use of any of such water,through development or reuse potential, transfer,lease or sale of any portion of the allotment,or otherwise,to any other person or entity,it shall first offer the use thereof to the Municipality on substantially similar terms and conditions as those at which such right of use is offered to such other person or entity. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF,this agreement has been executed 2- S-310^ ASSIGNMENT WHEREAS,Platte River Power Authority (hereafter, Platte River"),is an agency and instrumentality of the Town of Estes Park,Colorado (hereafter,the "Municipality"), and supplies at wholesale the electric power and energy re¬ quirements of the Municipality for resale by its municipal electric utility;and WHEREAS,Platte River will require additional elec¬ tric generating capacity when the limits of its existing and scheduled energy resources have been reached,presently an¬ ticipated for the year 1982,and Platte River anticipates that such additional capacity will be located in the Platte River drainage basin;and WHEREAS,the limited availability of water sources in Eastern Colorado to meet the cooling requirements incident to any proposed thermal-electric generating facility makes the acquisition of adequate water supplies essential to Platte River's and the Municipality's future power supply;and WHEREAS,the Municipality is a participant in the Municipal Subdistrict,Northern Colorado Water Conservancy District and entitled as such to a preferential right to contract for an allotment equal to one-sixth (1/6)of the waters developed by the said Subdistrict; NOW,THEREFORE,the Municipality does by these pre¬ sents assign,transfer and convey to Platte River one-half 1/2)of its preferential right to contract for said allot¬ ment,or any part thereof. And Platte River,in consideration of said assignment, does agree with the Municipality: 1.Within three (3)years from the execution of an allotment contract between the said Subdistrict and Platte River for the use of the waters allotted to Platte River by virtue of this assignment,Platte River EXHIBIT C one-half (1/2)of the shall reimburse the Municipality for/assessments heretofore paid by the Municipality to the Subdistrict and to the Six Cities Water Committee in connection with the investigation, protection and development of the so-called "Windy Gap Pro¬ ject,"and 2.Except for the use of the waters herein assigned in connection with the generation of electric energy in a thermal-electric project or projects in which Platte River participates,if Platte River shall ever offer the right to the use of any of such waters,through development of reuse potential,transfer,lease or sale of any portion of the al¬ lotment,or otherwise,to any other'person or entity,it shall first offer the use thereof to the Municipality on substan¬ tially similar terms and conditions as those at which such right of use is offered to such other person or entity. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF,this agreement has been executed by the parties this day of ,1974. PLATTE RIVER POWER AUTHORITY 2- Town of Estes Park Page 7 Comprehensive Water Master Plan SECTION 1: WATER RIGHTS - SUMMARY OF CURRENT PORTFOLIO AND CONSIDERATIONS ASSOCIATED WITH POTENTIAL CHANGES TO WATER SYSTEM 1. INTRODUCTION The focus of this Comprehensive Water Master Plan is long term operational reliability, quality and efficiency. Changes to the water system were evaluated that allow the town to divert water from the Big Thompson River for treatment at either Glacier Creek Water Treatment Plant (GCWTP) or Mary’s Lake Water Treatment Plant (MLWTP). In support of this evaluation, FEI was asked to review the Town’s water rights portfolio and consider what adjustments may be required to operate new point(s) of diversion from the Big Thompson River. 2. WATER RIGHTS PORTFOLIO SUMMARY The Town’s water rights portfolio as of the date of this report includes a combination of contractual and direct flow water rights. These water rights are used through GCWTP and MLWTP to supply the Town’s water service area. Figure 1 presents a map showing the general location of the main components of the Town’s raw water system and decreed points of diversion of the Town’s water rights. The Town’s water rights are listed as follows, and detailed further within this report: Bureau of Reclamation Contract – 500 acre-feet (AF); Colorado Big Thompson Allotment – 1,217 units (1,217 AF); Windy Gap Allotment – 3 units (300 AF); Glacier Creek Pipeline – 2 cubic feet per second (cfs); Estes Park Town Company Pipeline and Estes Park Water Company Pipeline – 2 cfs total Estes Park Fall River Cascade Diversion – 1.55 cfs. 2.1. Bureau of Reclamation Contract (“Bureau Water”) The base of the Town’s water supply is 500 AF of water derived through a contract with the United States Department of the Interior’s Bureau of Reclamation (“Bureau”). This water is referred to as the “Bureau Water”. The details of this water supply, including the history, terms and conditions of the current contract, and potential risks are summarized below. ATTACHMENT 2 I Focused.engaged.Innovative. ENGINEERS **** Of Attachment 3, 2026-08-11 Town of Estes Park Page 8 Comprehensive Water Master Plan This page was left blank intentionally I Focused.engaged.Innovative. ENGINEERS **** Date: 2/3/2015 File: DiversionPoints.mxd TOWN OF ESTESPARKWATERMASTERPLAN DIVERSION LOCATIONS AND WATER RIGHTS 3Q 3Q 2 2 2 2 2 2!!2 2 Estes ParkSanitationApproximatePointofDischarge Upper ThompsonSanitationApproximatePointofDischarge Estes ParkCascadeDiversion GlacierCreekDiversions PotentialIntakeLocation1 PotentialIntakeLocation2 MarysLakeWaterTreatmentPlantDiversion LAKE ESTES MARYSLAKE FishCreek BuckCreek Big ThompsonRiver BigThompsonRiver EastForkFishCreek FishCreek BeaverBrook Beaver Brook BlackCanyonCreek FallRiver FallRiver FallRiver BigThompson River AspenBrook GlacierCreek MillCreek WindRiver LittleThompsonRiver DryGulch UV7 UV66 36 34 36 34 36 0 2,000 4,000Feet00.5 1 Miles 2 Diversion Points Bureau Delivery & Recording Point WastewaterDischargePoint 3Q WaterTreatmentPlant Streams Lakes CBT System Line Town Boundary Rocky MtnNationalPark YMCA Boundary This product is forreferencepurposesonlyandisnottobeconstruedasalegaldocumentorsurveyinstrument. Annual Amount Daily Limit ( mgd) Annual Estimated Firm Yield1 Daily Estimated Firm Yield Point of Use 500 AF 500 AF Marys Lake WTP4 1,217 AF No daily mgd limit 608.5 AF2 No daily limit Marys Lake WTP4 3 Units ( 300 AF) No daily mgd limit 150 AF3 No daily limit Marys Lake WTP4 2 cfs 1,448 AF 1.29 mgd Glacier Creek WTP5 2 cfs 1,448 AF 1.29 mgd Glacier Creek WTP5 1.55 cfs 1,122 AF 1.0 m gd Fall River6 1. 2. 3. 4. 5. 6. Note: 2014 treatment was 1,628 AF, 2034 projection is 2,348 AF M ust be moved through Water Court. Water Right Summary Table Estes Park Cascade Diversion Annual volume and maximum day volume requirements must be met. Limitations exist on these rights which reduce the yield. 608.5 is based on a 50% quota. Requires "Integrated Operations" in Windy Gap Carriage contract, aka "In lieu program" (40 year contract signed 19 December 2014). Annual firm water at Marys WTP is 1,285 AF which is not enough to supply the Town, i.e. Marys WTP needs additional water to be reliable all year. M ax daily available water at Glacier WTP is 2.4 mgd, short of future demand, i.e. Glacier WTP needs additional water & expanded capacity to be reliable all year. Water Right Name Bureau of Reclamation ContractColoradoBigThompson Allotment Windy Gap Allotment Glacier Creek Pipeline Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Loveland, CO | 970-667-0501www.invisiongis.com Town of Estes Park Page 10 Comprehensive Water Master Plan 2.1.1 Bureau Water - Current Contract Terms and Conditions The 1994 amendatory contract supersedes and replaces the 1939 agreement, and provides for the following terms and conditions: The contract provides for annual water supply of 500 AF from November 1 through October 31, for 25 years after the execution of the contract (until 2019); The Town has the option to renew the contract for an additional term of 25 years taking the contract out until 2044) by written request to the Bureau two years prior to the 2019 expiration (written request due in 2017); Prior to renewal, all terms and conditions can be renegotiated, excluding the 500 AF amount, which is not negotiable; The water is to be delivered and measured at either the Estes Powerplant penstocks or the Mary’s Lake Powerplant Gatehouse; A power interference fee will be assessed to the Town based on where the water is delivered, to compensate for reduced flows through the Bureau’s power plants; and After the second 25-year period (in 2044), a new contract would need to be negotiated with the Bureau. At this point there is no guarantee of a 500 AF supply going forward. The Bureau Water supply is one-time use water that was previously challenged by the Town (and upheld by the court). Return flows resulting from the one-time use of this supply cannot be captured for re-use by the town. A summary of the pros, cons, annual yield, and location of delivery of the Bureau Water is presented in Table 4. Table 4. Bureau Water Summary of Key Information Pros Cons 500 AF/year (through 2044). Not subject to CBT quota. Low cost. System already in place for direct delivery to MLWTP. Contract renews in 2019 & 2044. No guarantee of 500 AF yield with 2044 contract renewal. Single use water. Based on current infrastructure, location of delivery limited to MLWTP. ANNUAL YIELD: 500 AF/year (Nov 1 – Oct 31) LOCATION OF DELIVERY: To be delivered and measured at the Estes Powerplant penstocks or the Mary’s Lake Powerplant Gatehouse 2.2. Colorado Big-Thompson Project Allotment The Town currently possesses a contract with Northern Colorado Water Conservancy District Northern Water”) for 1,217 units in the CBT Project. The CBT Project, originally constructed by the Bureau and managed by Northern Water, collects water from the upper Colorado River basin on the west slope of the continental divide, and delivers it across the divide to the highly populated areas of Colorado on the east slope. Eighty (80) percent of CBT Project water comes from snowmelt, and a complex system of reservoirs, pumping plants, tunnels, pipelines, and power plants helps convey the Focused,engaged.Innovative. Town of Estes Park Page 11 Comprehensive Water Master Plan water across the continental divide. A figure showing the components of the CBT Project is presented in Figure 1. The Division 5 water rights associated with the CBT Project are listed below in Table 5. Table 5. Division 5 Colorado-Big Thompson Project Water Rights Decree Structure Source Appropriation Date Amount CA2782 CBT Alva B Adams Tunnel North Fork Colorado River 8/1/1935 550 cfs CBT Granby Pump Canal North Fork Colorado River 8/1/1935 1,100 cfs CBT Willow Creek Feeder Willow Creek 8/1/1935 400 cfs CBT Granby Reservoir North Fork Colorado River 8/1/1935 543,758 AF CBT Shadow Mtn Grand L North Fork Colorado River 8/1/1935 19,669 AF CBT Willow Creek Reservoir Willow Creek 8/1/1935 10,553 AF The CBT Project was designed to deliver 310,000 AF to its allottees on an annual basis, and there are 310,000 units of CBT Project water that are contracted by various irrigation, municipal, and industrial users on the east side of the continental divide. Annually, Northern Water determines the CBT quota,” which is the percentage of the maximum allotment unit-holders can expect to receive that year. If the full 310,000 AF of yield is expected, that corresponds to a 100 percent quota and each stakeholder will receive 1 AF per unit of CBT Project Water. If the quota is 60 percent, only 186,000 AF of yield is expected, and stakeholders will receive 0.6 AF per unit of CBT Project Water. When the CBT Project was first realized, irrigators made up the vast majority of the stakeholders. For this reason, the annual quota was determined in April so that the yield was as certain as possible for the upcoming irrigation season. With more and more municipal and industrial entities obtaining units of CBT Project Water, in 2002 Northern Water saw fit to issue a conservative initial quota in November that would allow non-irrigation season users to better predict their CBT yield for the year. If additional water is to become available after the initial quota, a supplemental quota is offered in April, and if the quota requires further adjustment, an additional supplemental quota can be applied after that as well. For example, in 2008 the November quota was 60%, the April quota was 10%, and there was another supplemental quota in July for 10%, making for a total yearly quota of 80%. Based on the Town’s ownership of 1,217 units of CBT Project Water, this ownership could theoretically amount to 1,217 AF/yr but a 100% yearly quota has only occurred 10 times dating back to the beginning of the project in 1957. The average quota over the lifetime of the project has been 74% and the lowest quota was 50% and occurred in 1983, 1990, 1996, 1998 and 2003. Based on this information, it would be reasonable to expect the Town’s interest in CBT Project Water to be worth between 608.5-1,217 AF/yr. CBT Project Water is considered one-time use water. Return flows resulting from the one-time use of this supply cannot be captured for re-use by the town. A summary of the pros, cons, annual yield, and location of delivery of the CBT Project Water is presented in Table 6. Focused,engaged.Innovative. Town of Estes Park Page 12 Comprehensive Water Master Plan Table 6. 1,217 CBT Project Units Summary of Key Information Pros Cons Senior water rights. Low cost. Excess water can be rented and/ or transferred. System already in place for direct delivery to MLWTP. Annual yield is variable. Single use water. Based on current infrastructure, location of delivery limited to MLWTP. ANNUAL YIELD: 608.5 – 1,217 AF/year (Nov 1 – Oct 31) LOCATION OF DELIVERY: Currently delivered and measured at Mary’s Lake Powerplant Gatehouse 2.3. Windy Gap Project Allotment The Town was one of the original participants in the Windy Gap Project, and currently possesses 3 units with a maximum yield of 300 AF. The Windy Gap Project consists of a diversion dam on the Colorado River, a 445 AF reservoir, pumping plant, and six-mile pipeline to Lake Granby. Windy Gap water is stored in Lake Granby before it is delivered to water users via the CBT distribution system. The Division 5 water rights associated with the Windy Gap project are listed below in Table 7. Table 7. Division 5 Windy Gap Project Water Rights Decree Structure Source Appropriation Date Amount CA1768 Windy Gap Pump PL Canal Colorado River 6/22/1967 300 cfs conditional) W-4001 Windy Gap Pump PL Canal Colorado River 7/9/1976 100 cfs conditional) 80CW108 Windy Gap Pump PL Canal Colorado River 4/30/1980 200 cfs conditional 89CW0298 Windy Gap Pump PL Canal Colorado River -- 600 cfs absolute) CA1768 Windy Gap Reservoir Colorado River 6/22/1967 1,546.14 AF conditional) 88CW169 Windy Gap Reservoir Colorado River -- 445.00 AF absolute) The Windy Gap Project was designed to deliver an average of 48,000 AF/yr to participants, but if Lake Granby is full, Windy Gap water is the first to spill from the reservoir. This can lead to Windy Gap supplies being unreliable during wet years or any other time when Lake Granby is approaching full capacity. The existing Windy Gap Reservoir was not intended for water storage, but acts as a forebay for water before it is pumped to Lake Granby. The permits and legal decrees for the project permit it to divert a maximum of 90,000 AF/yr, and Northern Water is attempting to firm up Windy Gap supplies with the proposed Windy Gap Firming Project, which would include the proposed 90,000 AF Chimney Hollow Reservoir that is exclusively for storing Windy Gap Project water. There are a total of 480 units of Windy Gap water. Each unit corresponds to 100 AF of potential yield. The Town owns 3 units, or 300 AF maximum yield, of the total. At the present time, the supply of Windy Gap is not firm. The Town’s interest in Windy Gap is presently worth 300 AF on an annual basis. Until Chimney Hollow Reservoir is built there is potential a potential reduction in the 300 AF. Focused,engaged.Innovative. Town of Estes Park Page 13 Comprehensive Water Master Plan Windy Gap water is considered reusable. Provided the Town can maintain dominion and control of return flows, those return flows can be utilized by the Town for other decreed uses. The return flows are at the two sewer district plant discharges. A summary of the pros, cons, annual yield, and location of delivery of the Windy Gap water is presented in Table 8. Table 8. 3 Units Windy Gap Summary of Key Information Pros Cons Senior water rights. Fully consumable source. Excess water can be rented and/ or transferred. System already in place for direct delivery to MLWTP. Annual yield is variable. Based on current infrastructure, location of delivery limited to MLWTP. High cost. ANNUAL YIELD: 0* – 300 AF/year (Nov 1 – Oct 31) When the carriage contract for Integrated Operations is finalized, the firm yield of the Windy Gap source of water will increase to approximately 150 AF/YR. LOCATION OF DELIVERY: Currently delivered and measured at Mary’s Lake Powerplant Gatehouse 2.4. Glacier Creek Pipeline Direct Flow Right A water right for the Glacier Creek Pipeline was adjudicated on November 14, 1939 in Civil Action No. 10077. Water rights for Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Extension were also decreed in this general adjudication. In CA 10077, the Town of Estes Park was awarded a conditional water right for the Glacier Creek Pipeline in the amount of 2 cfs for domestic and irrigation purposes. The appropriation date for the Glacier Creek Pipeline water right is May 20, 1925. It is our understanding that the Glacier Creek Pipeline conditional water right was made absolute on April 15, 1942. A summary of the decree information for the Glacier Creek Pipeline direct flow water right is presented in Table 8. Relative to other water rights in the South Platte Basin, the water right for Glacier Creek Pipeline is relatively junior. To maximize the use of this water right as a source of water for the Town of Estes Park, the Glacier Creek Pipeline water right was included in the Town of Estes Park Augmentation Plan, decreed in Case 97CW0126. The details of this augmentation plan are described in further detail below. 2.5. Estes Park Cascade Diversion Direct Flow Right Case No. 90CW206 appropriated an absolute water right for the Estes Park Cascade Diversion priority, as well as a 3.45 cfs conditional water right for an enlargement. Diligence for the 3.45 cfs conditional water right was established in Case No. 98CW244. No diligence was filed subsequent to Case No. 98CW244 and it is our understanding that this conditional water right has been abandoned. The source of water for the Estes Park Cascade Diversion is Fall River. The absolute water right in the amount of 1.55 cfs has an adjudication date of December 31, 1990 and an appropriation date of December 31, 1959. The decreed uses for the Estes Park Cascade Diversion water right are all municipal uses, including irrigation of golf courses and parks and other lands served by the Town’s municipal water system, firefighting, domestic, commercial, industrial and piscatorial. A summary of the decree information for the Estes Park Cascade Diversion direct flow water right is presented in Table 8. Focused,engaged.Innovative. Town of Estes Park Page 14 Comprehensive Water Master Plan Relative to other water rights in the South Platte Basin, the water right for Estes Park Cascade Diversion is very junior. The Estes Park Cascade Diversion is included as an “exchange to point” in the Town of Estes Park Augmentation Plan, decreed in Case 97CW0126. The details of this augmentation plan are described in further detail below. Based on our review of the publically available information related to Estes Park Cascade Diversion, it does not appear that an alternate point of diversion has been decreed for this water right. 2.6. Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Extension Direct Flow Rights The Estes Park Town Company Pipeline was originally decreed for irrigation and domestic use in the amount of 2.00 cfs in Civil Action No. 10077; having an adjudication date of November 14, 1939 and an appropriation date of September 25, 1905. The source of water for the original adjudication of the Estes Park Town Company Pipeline was Black Canyon Creek, a tributary of the Big Thompson River. The Estes Park Water Company Pipeline Extension was originally decreed for irrigation and domestic use in the amount of 1.73 cfs in Civil Action No. 10077; having an adjudication date of November 14, 1939 and an appropriation date of November 9, 1911. The source of water for the original adjudication of the Estes Park Town Company Pipeline was Black Canyon Creek, a tributary of the Big Thompson River. A summary of the original decree information for Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Extension direct flow water rights is presented in Table 9. The Town of Estes Park Augmentation Plan, decreed in Case 97CW0126, included a change of water rights for the Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension water rights. The changes decreed for these water rights in Case 97CW0126 included a change in point of diversion to the Glacier Creek Pipeline on Glacier Creek and a reduction in the total amount of diversion under the two rights to be limited to 2.00 cfs. The use of these water rights in the Town of Estes Park Augmentation Plan is further described below. Table 9. Decree Information for Park Direct Flow Water Rights Name WDID Source Adjudication Date Appropriation Date Decreed Use Amount Glacier Creek Pipeline 0400648 Glacier Creek 11/14/1939 5/20/1925 Domestic, Irrigation 2.0 cfs Estes Park Cascade Diversion 0400700 Fall River 12/31/1959 12/31/1959 Municipal purposes, including irrigation of golf courses and parks and other lands served by the Town’s municipal water system, firefighting, domestic, commercial, industrial and piscatorial”. 1.55 cfs Estes Park Town 0400564 Black Canyon Creek 11/14/1939 9/25/1905 Domestic, irrigation, and “manufacturing and mechanical uses 2.0 cfsa/ Focused,engaged.Innovative. Town of Estes Park Page 15 Comprehensive Water Master Plan Name WDID Source Adjudication Date Appropriation Date Decreed Use Amount Company Pipeline ordinarily made of a municipal water supply” Estes Park Water Company Pipeline Extension 0400661 Black Canyon Creek 11/14/1939 11/9/1911 Domestic, irrigation, and “manufacturing and mechanical uses ordinarily made of a municipal water supply” 1.73 cfsa/ a/ Per Case No. 97CW0126, the total diversion amount under these two rights is limited to 2.00 cfs. 3. AUGMENTATION PLAN - CASE NO. 97CW0126 The direct flow water rights owned by the Town of Estes Park are junior relative to downstream water rights on the South Platte River. As such, these water rights alone do not provide a reliable municipal supply. In 1997, the Town of Estes Park filed an application in Water Court for an augmentation plan that would allow the Town to continue taking delivery of its direct flow water rights even when being curtailed by downstream senior water rights in Division 1. The Town of Estes Park Augmentation Plan, decreed in Case No. 97CW0126, allows for three separate claims. Together, these three claims allow for the Town to divert native water out -of-priority for municipal use and replace any depletions so that downstream water rights are not injured. The three components included in Case No. 97CW0126 are: A change of water rights for Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension, A plan for augmentation, and A conditional right of substitution and exchange. The water district identifier used by the State Engineer’s Office to track the Town of Estes Park Augmentation Plan is 0407000. As described above, the change of water rights for Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension included a change in point of diversion to the Glacier Creek Pipeline on Glacier Creek and a reduction in the total amount of diversion under the two rights to be limited to 2.00 cfs. The decree in Case No. 97CW0126 includes a number of terms and conditions relating to this change of water right, including but not limited to: The total amount of diversion of the water rights will not exceed 2.00 cfs, The in-priority diversion of the two water rights will be made exclusively at the Glacier Creek point of diversion and not at the original points of diversion, and Diversion of the water rights at the Glacier Creek point of diversion is to be limited to the amount of water physically available in priority at the original points of diversion. The plan for augmentation decreed in Case No. 97CW0126 is the crux of the Town’s municipal water supply operations; the plan allows for diversions of native water through the Town’s water system at times Focused,engaged.Innovative. Town of Estes Park Page 16 Comprehensive Water Master Plan when those diversions would otherwise be out of priority. The source of augmentation water for the Town’s Augmentation Plan is the Town’s Windy Gap Project water. There are some specific aspects of the augmentation plan worth noting: When the direct flow water rights are diverted out-of-priority, the amount of water the Town must replace is calculated as the product of the out-of-priority diversion and the monthly depletion factor shown in Table 9. Table 10. Depletion Factors Decreed in the Town's Augmentation Plan Month Depletion Factor Month Depletion Factor Jan 6% Jul 13% Feb 6% Aug 11% Mar 6% Sep 10% Apr 7% Oct 8% May 12% Nov 6% Jun 17% Dec 6% When diverting out-of-priority, the Town is required to maintain accounting showing the daily diversion and replacement requirements. At the end of each month the Town is to transfer an amount of Windy Gap water equal to the out-of-priority depletion for the past month. However, during the period of June 1st through September 30th of each year, at the request of the Water Commissioner, the Town shall transfer the amount of Windy Gap water equal to the daily out-of- priority depletion on a daily basis. On average, the depletion factor for the Town’s replacement requirement is 9%; meaning, for every 1 AF diverted out-of-priority, the Town must use 0.09 AF of Windy Gap water to satisfy the replacement requirements. Applying the same logic, an allocation of 200 AF of Windy Gap water would allow for the out-of-priority diversion of approximately 2,222 AF. Whenever the calling water right is decreed to the Foothills Conduit, the Town must provide replacement water from sources that deliver to the Big Thompson River upstream of the diversion point for the Foothills Conduit; The third component of Case No. 97CW0126 is the exchange. The exchange exists so that Windy Gap Project water delivered at either of the two points described above can be exchanged for diversions taking place at the Town’s intakes. The exchange was decreed as a conditional water right at a maximum rate of 6.2 cfs with an appropriation date of March 31, 1997. The exchange from points include the Estes Park Sanitation District Wastewater Treatment Plant outfall and the Upper Thompson Sanitation District outfall. The exchange to points are the Estes Water Park Systems Intakes (any of the diversion points identified above). 4. TOWN LEASES TO OTHER WATER USERS In considering the supply of water that the Town of Estes Park has available to meet its municipal demand it is important to consider the commitments that the Town has made to supply water to other entities. The Town currently leases a portion of its water supplies to other water users. Because the source of supply for these commitments is Windy Gap water, and Windy Gap water is fully consumable, these leases can be satisfied by direct delivery of Windy Gap water or second use of the Windy Gap supply. Second use of the Windy Gap supply is the return flow component of Windy Gap water delivered through the Town’s municipal water supply system. A summary of these leases is provided below in Table 11. Focused,engaged.Innovative. Town of Estes Park Page 17 Comprehensive Water Master Plan Table 11. Town Leases of Water Supplies to Other Users Entity Source Amount Expiration Date Terms Cheley Colorado Camps, Inc. Windy Gap Project 8 AF December 31, 2032 Released monthly from Lake Estes or by exchange at MLWTP May - Oct Continental Water Bank, Inc. Windy Gap Project 8 AF September 27, 2025 Released by exchange in May Requires coordination w/ NCWCD Glacier View Water System, Inc. Windy Gap Project 1 AF December 2, 2023 Released by exchange in May Requires coordination w/ NCWCD Mary’s Lake Campground Well Windy Gap Project 1 AF September 27, 2031 Released monthly from Lake Estes or by exchange at MLWTP May – Oct 5. HISTORY OF WATER USE For the purpose of administering the Town’s augmentation plan in Case 97CW0126, an accounting form was prepared. Among other things, this accounting form tracks the amount of water delivered to the water treatment plants for treatment and the amount of Bureau Water, Windy Gap water, and CBT water used by the Town. Table 11 and Figure 2 below present the annual amount of water delivered for treatment at the two water treatment plants in the Town of Estes Park, MLWTP and GCWTP. The ramp up between 2004 and 2006 is likely the delayed response of water demand increasing following the 2002 drought. Since 2006, the demand for water and therefore the amount of water delivered to the Town’s treatment plants has ranged from 1,500 AF/year to 1,646 AF/year. Table 12. Delivery of Water to MLWTP and GCWTP Irrigation Year Water Delivered to MLWTP AF) Water Delivered to GCWTP AF) Total Water Delivered to WTPs AF) 2004 749.3 706.5 1,455.8 2005 592.4 992.7 1,585.1 2006 653.4 1,015.6 1,669.0 2007 617.9 1,031.5 1,649.4 2008 626.0 992.9 1,618.9 2009 235.1 1,272.7 1,507.8 2010 816.3 792.3 1,608.6 2011 1,130.4 493.1 1,623.6 2012 649.2 996.8 1,646.0 2013 806.6 772.9 1,579.5 2014 802.7 830.7 1,633.4 Focused,engaged.Innovative. Town of Estes Park Page 18 Comprehensive Water Master Plan Figure 2. Estes Park Annual WTP Delivery Table 13 and Figure 3 below present the annual use of Bureau Water, Windy Gap water, and CBT sources. With the exception of 2009, when the MLWTP was offline for construction, the Town relies upon the Bureau Water as the main source of supply at MLWTP Table 13. Annual Use of Bureau Water, Windy Gap Water, and CBT Water Irrigation Year Bureau Water AF) Windy Gap Water AF) CBT Sources AF) Sum of Bureau Water, Windy Gap, and CBT AF) 2004 500.2 90.7 159.9 750.8 2005 488.0 108.1 22.4 618.5 2006 500.1 163.9 38.0 702.0 2007 500.0 123.2 22.1 645.3 2008 500.3 126.4 27.5 654.2 2009 162.2 128.2 0.0 290.4 2010 500.1 92.4 223.1 815.6 2011 499.1 30.9 549.7 1,079.6 2012 500.0 84.3 104.0 688.3 2013 499.8 90.8 254.4 845.0 2014 499.9 69.4 232.9 802.3 Average 468.2 100.8 148.5 717.5 Treated at MLWTP EEI Focused,engaged.Innovative. Town of Estes Park Page 19 Comprehensive Water Master Plan Figure 3. Annual Use of Bureau Water, Windy Gap Water, and CBT Water As described above, in an average year the Bureau Water, Windy Gap water, and CBT water could yield approximately 1,552 AF (assumes 500 AF for Bureau Water, 200 AF for Windy Gap, and 852 AF for CBT supply). This number represents the average annual amount of water that could be available for treatment at MLWTP. Between 2004 and 2013, the average annual amount of water treated at the MLWTP was 717.5 AF/year. Based on the average annual supply of the Bureau Water, Windy Gap water, and CBT water, there could be as much as an additional 835 AF or water available for treatment at MLWTP. This analysis does not consider the treatment capacity of MLWTP or available capacity in the distribution system served by MLWTP. 6. CONSIDERATIONS FOR FUTURE USE To address future water demands in Estes Valley, the Town is considering construction of a new point of delivery off the Big Thompson River. The purposes of the new point of delivery would be to provide redundancy in the system and allow for sources traditionally treated at GCWTP to be able to be treated at MLWTP, and vis-versa, for sources traditionally treated at MLWTP to be able to be treated at GCWTP. Based on our review of the Town’s water rights, the following is a list of items that should be further considered as part of the investigation into this change. According to the November 23, 1994 Amendatory Contract, it appears that the Bureau Water is to be delivered and measured at either the Estes Powerplant penstocks or the Mary’s Lake Powerplant Gatehouse. Other than delivering and measuring at either of these points, there do not appear to be any limits on the place of treatment for the water. It is our recommendation that the Town obtain a legal opinion as to if the Bureau Water can be treated at GCWTP if it is first measured at one of the two delivery points. If Bureau Water can be treated at GCWTP, two mechanisms to get the water to a new point of delivery would be exchange or trade. Based on our review of the decree entered in Case 97CW0126, it is not clear if the Bureau Water or the CBT water can be used in the exchange decreed in 97CW0126. If these sources of water cannot be used in the existing exchange, a new water court case could be filed that would allow for the exchange of Bureau Water and CBT water up to the Glacier Creek pipeline diversion or a new point of diversion off Big Thompson 1,200 1,000 5 800 SD 600 4>| 400 200 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Irrigation Year CBT Sources Windy Gap Bureau Water FEI Focused.Engaged.Innovative. Town of Estes Park Page 20 Comprehensive Water Master Plan River. In the alternative, the Town, in connection with NCWCD, may be able to structure a trade whereby NCWCD would make water available to the Town in Glacier Creek or Big Thompson Creek upstream of the future point of diversion and the Town would then make water available to NCWCD in Lake Estes. Provided NCWCD has a source of water it can reliably make available to the Town upstream of the Town’s point of diversion, such a trade may be able to operate without a water court proceeding. The locations of the new points of delivery off the Big Thompson River currently being considered are within the exchange reach conditionally decreed in Case 97CW0126. In reviewing the final decree in this case, it is not clear if water can be diverted be exchange at point that is in between the decreed exchange-to and exchange-from point. It is our recommendation that the Town obtain a legal opinion on this matter. Based on our review of the final decree in Case 97CW0126, it appears that the exchange utilized by the Town was decreed as conditional and never made absolute. Based on accounting reviewed in support of this analysis, it appears that the exchange has been operating since at least 2009. It is our recommendation that the Town obtain a legal opinion as to the status of the exchange. Prior to filing any water court application for a new alternate point of diversion for the Town’s existing portfolio of water rights, a legal opinion should be obtained concerning the potential for re-quantification of the water rights and the impact such re-quantification could have on the Town’s existing decreed augmentation plan. I Focused.engaged.Innovative. ENGINEERS **** The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Paul Hornbeck, Senior Planner Department: Community Development Date: August 11, 2026 Subject: Resolutions 87-26, 88-26, and 89-26 regarding Fall River Village II PUD and Subdivision Plats, Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Town Board voted at the July 28, 2026 meeting to continue Resolutions 87-26, 88-26, and 89-26 to the next regularly scheduled Town Board meeting. The applicant is unable to attend the August 11th, 2026 meeting and requests the three items be continued to the August 25, 2026 meeting. Since Resolution 87-26 was opened to public comment on July 28th prior to the continuance, the Board must again open that item for public comment prior to taking action on this continuance request. The other two resolutions do not require public comment prior to taking action on the continuance since they were not previously opened to public comment. Sample Motion: 1.I move to continue Resolutions 87-26, 88-26, and 89-26 to the next regularly scheduled Town Board meeting. Public Comment Received On 8/10/2026  Board of Trustees Public Comment Name: Dave Albee Stance on Item: Neutral Agenda Item Title: Resolutions 87-26, 88-26, and 89-26 Regarding Fall River Village II PUD and Subdivision Plats Public Comment: Everyone is looking for a LIVING AREA – they are not just TRYING TO FIND A HOME. Come walk or bike our trails, visit our area, and feel the rhythm of a community that’s as dynamic as it is welcoming. It is proposed to leave the 3.8 acre of the land “between” the Fall River Trail and the River to a recreation area to give river access to the abundant wildlife, locals, visitors and fisherman. For centuries all kinds of animals have visited the “between” area usually in the early morning or late afternoon. Attached a photo of ewes and lambs utilizing the area but no RAMs. You can see wildlife footprints and droppings all over the land. The value of this “between” land is to allows access to the river and for all to enjoy it. Leave this small area natural open space area. It would be a detriment to the developer ’s design skills if the land is not dedicated to the people and wildlife. The land should be re-zoned for open space. Please reject Resolution 88-26 and 89-26 Dave Albee File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. IMG_081026.JPG 7.98MB The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo Through: Town Administrator Machalek From: Paul Fetherston, Internal Services Director Ian Stewart, Chief of Police Derek Pastor, Project Manager Department: Internal Services Date: August 11, 2026 Subject: Resolution 80-26 Contract with Infusion Architects, LLC for Design Services and Construction Management Assistance for the Estes Park Public Safety Facility Type: Contract/Agreement, Resolution Objective: To advance the current conceptual drawings of the Estes Park Public Safety Facility into schematic designs, and ultimately construction documents. Additionally, the contractor will (a) provide construction management assistance during the construction phase, the contractor; and (b) assist in all aspects of design development including community engagement events, future Town Board presentations and satisfying land use and review requirements. Present Situation: In January 2025, after seeking quotes for professional services from multiple vendors as required by the Town’s purchasing policy, Town staff entered into an agreement with Infusion Architects to assist in Phase 1 of the Estes Park Public Safety Facility. This consisted of (a) meetings with the Police Department staff to develop a programmatic and space needs analyses and assessments; (b) assistance in site analyses of 20+ sites; and (c) culminated with a conceptual design for the preferred Town-owned site location at the northwest corner of Manford Avenue and Community Drive. Phase 2 of design services – which requires a competitive bidding process - will consist of (i) extending the conceptual design into Schematic Designs, Design Documents and Construction Documents; and (ii) extending into Construction Management Assistance which includes providing responses to questions or clarifications of the drawings, reviewing all shop drawings and equipment/materials submittals, routine site visits/inspections, and conducting Owner/Architect/Contractor (OAC) meetings throughout the duration of construction. To secure these services, a Request for Qualifications/ Request for Proposals (RFQ/ RFP) was advertised on March 11, 2026. A mandatory pre-proposal meeting was attended by 24 different companies after which 9 qualified proposals were received. A five-person staff evaluation team consisting of representatives from the Police, Internal Services, and Public Works Departments evaluated and ranked the top three proposals. From that, the top two firms identified based on qualifications and fees were invited for virtual interviews. Following the interviews, the staff evaluation team unanimously recommended entering into fee negotiations with Infusion Architects. Following these negotiations, the staff evaluation team recommends the approval of this professional services contract with Infusion Architects. While Infusion’s fee proposal was not the lowest, the award recommendation is based on a best value evaluation rather than price alone. As outlined in the solicitation, the contract would be awarded to the responsive and responsible consultant whose proposal conforming to the solicitation’s selection factors would be most advantageous to the Town. As such, the evaluation team determined that Infusion demonstrated a comprehensive understanding of the overall project and presented credible strategies to effectively manage costs and deliver the project. Based on these factors, the evaluation team concluded that Infusion’s proposal represents the best overall value to the Town, consistent with the Town’s purchasing standards. Proposal: Authorize the Mayor to sign the contract for design services and construction management assistance for the new public safety facility. If the contract is approved, the Town would only pay for work completed in the event the Town ceases work towards the construction of a new public safety facility. Advantages: • Continuity of services. Infusion is familiar with the history and progress made to this point. • Relationship. There have been positive interactions and meaningful dialogue between Town staff and Infusion Architects. • Experience. Infusion Architects has designed numerous Police Departments and Public Safety Facilities throughout Colorado, including partner agencies such as Larimer Emergency Telephone Authority (LETA) Disadvantages: • Cost: As outlined above, while not the lowest fee proposal, the recommendation is based on the determination that this proposal represents the best overall value. Action Recommended: Town Board approval of the professional services contract with Infusion Architects, LLC is recommended. Finance/Resource Impact: This project will be a single contract that spans multiple years. For 2026, funding has been approved through the Capital Improvement Project budget. Additionally, the Town has secured two separate grants that can be applied toward design and/or construction of the public safety facility. One grant is through the Department of Local Affairs (DOLA) for $100,000 and the other is through the United States Department of Agriculture (USDA) for $1,000,000. If the project proceeds to construction, it is anticipated that the total project cost would be funded through Certificates of Participation. It is important to note that as the Town Board moves forward with and through the design phase and grants in support of the design and construction of a new public safety facility that the Town’s acceptance and expenditure of grant funds constitute a representation to the grantor that the project will be completed. In the event the Town elects not to advance or complete construction of a new public safety facility using the awarded funds, the Town may be required to repay any grant funds that have been distributed and expended. Level of Public Interest: The level of public interest in this award is high, as the design services contract directly supports the development of a critical public safety facility that will serve the community’s long-term health, safety, and emergency response needs. Sample Motion: I move to approve/ deny adoption of Resolution 80-26. Attachments: 1.Resolution 80-26 2.Professional Services Contract with Infusion Architects, LLC 3.Requests for Qualifications / Requests for Proposals (RFQ/RFP) 4.RFQ/RFP Proposals from Infusion Architects 5.Public Safety RFQ Qualifications Scoring Matrix Evaluation 6.Public Safety RFP Fee Proposal Evaluation 7. RFQ/RFP Proposals from D2C Architects RESOLUTION 80-26 APPROVING A PROFESSIONAL SERVICES CONTRACT WITH INFUSION ARCHITECTS, LLC FOR DESIGN SERVICES AND CONSTRUCTION MANAGEMENT ASSISTANCE FOR THE PUBLIC SAFETY FACILITY WHEREAS, the Town Board wishes to enter into a professional services contract referenced in the title of this resolution for the design services and construction management assistance of the public safety facility; and WHEREAS, the cost of the contract with Infusion Architects, LLC, Inc is $1,365,000; and WHEREAS, the Board intends to authorize the Internal Services Director to sign, without additional Board action, change orders that total up to but do not exceed ten percent of the contract value ($136,500) within the project budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the professional services contract referenced in the title of this resolution in substantially the form now before the Board. The Board authorizes the Internal Services Director to spend up to a total of $1,501,500 under this contract. DATED this_____ day of ____________________, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: _________________________________ Town Attorney Attachment 1 PROFESSIONAL SERVICES CONTRACT Public Safety Facility Design Services The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Infusion Architects, LLC (Contractor), a Colorado limited liability company, whose address is 4487 Highland Meadows Pkwy B, Windsor, CO 80550, make this Contract this __________ day of ____________________, 2026, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and 1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 Agreement with the United States through its Department of Agriculture for a Rural Development Grant, approved through Congressionally Directed Spending, for $1,000,000, as ultimately executed. 2.4 State of Colorado Intergovernmental Grant Agreement with the Department of Local Affairs for Project EIAF-26-194, for $100,000, as ultimately executed. 2.5 This Contract; 2.6 The following Addenda, if any: Number Date Page(s) 2 March 27, 2026 9 1 March 18, 2026 8 2.7 The following Special Conditions of the Contract, if any: NA Attachment 2 Town of Estes Park Professional Services Contract --Page 2 of 13 Document Title Page(s) 2.8 Notice of Award; 2.9 Request for Qualifications / Proposals, containing 58 pages, dated March 11, 2026; 2.10 Revised Consultant’s Fee Proposal, containing 5 pages, dated June 4, 2026; 2.11 Consultant's Qualifications Proposal, containing 31 pages, dated April 8, 2026; 2.12 Consultant's Fee Proposal, containing 2 pages, dated April 8, 2026; and 2.13 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. Additionally, Consultant understands that two grant agreements will fund this Contract and, while they have not been executed or even fully drafted yet, their requirements will control. All obligations required of the Consultant by either grant agreement listed in section 2.3 or 2.4 above, as such agreements are ultimately finalized, are hereby incorporated as obligations of the Consultant under this Contract. The Town intends to update this Contract by change order to provide the Consultant these final agreements. 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 schedule in the Consultant’s Qualifications Proposal. 5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed $1,365,000 (One million three hundred sixty five thousand dollars), as the Price for the total Services performed as stipulated in Consultant's Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. Town of Estes Park Professional Services Contract --Page 3 of 13 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and free from any material errors, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or Town of Estes Park Professional Services Contract --Page 4 of 13 reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. Town will pay for any meeting time exceeding Consultant’s total estimate of included hours, according to Consultant’s fee schedule attached to Consultant’s proposal. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. Town of Estes Park Professional Services Contract --Page 5 of 13 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set 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. Town shall not sell the design or otherwise use it other than for its intended purpose. Consultant shall have no liability for use of the design in any other location or for any other project, without Consultant’s written approval. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: Town of Estes Park Professional Services Contract --Page 6 of 13 TOWN OF ESTES PARK: Derek Pastor, Project Manager 170 MacGregor Ave Estes Park, CO 80517 dpastor@estes.org 970-577-3957 CONSULTANT: Randell Johnson, Principal 4487 Highland Meadows, Pkwy B Windsor, CO 80550 randell.johnson@infusionarchitects.com 970-775-2925 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. The Contractor shall indemnify, hold harmless, and assume liability on behalf of the Town and its officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to the Contractor’s noncompliance with the accessibility standards for an individual with a disability adopted by the Colorado Office of Information Technology pursuant to section 24- 85-103, C.R.S. 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. Town of Estes Park Professional Services Contract --Page 7 of 13 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: 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 Town of Estes Park Professional Services Contract --Page 8 of 13 officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months from the date of the completion of the project. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use) 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. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement Town of Estes Park Professional Services Contract --Page 9 of 13 shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. 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 the date specified in a forthcoming Notice to Proceed, and shall continue until Services are completed, in the determination of the Town. 26 TERMINATION: Town of Estes Park Professional Services Contract --Page 10 of 13 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. Town of Estes Park Professional Services Contract --Page 11 of 13 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 damages to the Town. Signature pages follow. Town of Estes Park Professional Services Contract --Page 12 of 13 CONSULTANT By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2026, by ______________________________, as _____________________________ of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Town of Estes Park Professional Services Contract --Page 13 of 13 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2026. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney 1 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility Request for Qualifications / Request for Proposals Design Services for the Estes Park Public Safety Facility Wednesday, March 11, 2026 Derek Pastor Project Manager Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 dpastor@estes.org 970-577-3957 Proposals due by 2:00 PM MT Wednesday April 8, 2026 Attachment 3 2 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 2 I. PROJECT DETAILS ................................................................................................. 4 Project Summary ................................................................................................. 4 Project History ..................................................................................................... 6 Proposal Schedule .............................................................................................. 8 Project Funding ................................................................................................... 9 Proposal Documents ......................................................................................... 10 Mandatory Pre-Proposal Meeting & Written Questions ..................................... 10 Proposer Communication & Requests .............................................................. 11 II. PROJECT OVERVIEW ............................................................................................. 12 Scope of Services ............................................................................................. 12 Addenda to RFQ/RFP ....................................................................................... 23 Professional Services, Time & Fees .................................................................. 24 Method of Payment ........................................................................................... 24 Award of Contract .............................................................................................. 24 Material Ownership ........................................................................................... 25 Term of Contract ............................................................................................... 25 III. INSTRUCTIONS TO PROPOSERS ......................................................................... 25 Organization of the Proposal ............................................................................. 25 Proprietary Information ...................................................................................... 28 Rejection Of Proposal ....................................................................................... 28 REVIEW OF TOWN’S STANDARD CONTRACT .............................................. 28 Use of Subconsultants ...................................................................................... 28 Disadvantaged Business Enterprise (DBE) ....................................................... 29 Insurance Requirements ................................................................................... 29 Proposal Review, Evaluation & Selection Process ............................................ 29 Selection Criteria ............................................................................................... 30 General Requirements ...................................................................................... 31 Site Parameters ................................................................................................. 32 Deliverables ....................................................................................................... 32 Town Representatives ....................................................................................... 32 Project Schedule ............................................................................................... 32 Supplemental Consultant Guidelines ................................................................ 32 Protest Procedures ............................................................................................ 34 Accessibility Notification .................................................................................... 35 3 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility IV. EXHIBITS ................................................................................................................ 36 Exhibit 1 – TOEP Acceptance of Conditions Statement .................................... 36 Exhibit 2 – Consultant’s Personnel & Subconsultant Listing ............................. 37 Exhibit 3 – TOEP Reference Authorization & Release Form ............................. 38 Exhibit 4 – TOEP Professional Services Contract ............................................. 39 Exhibit 5 – TOEP Design Guidelines ................................................................. 58 Exhibit 6 – TOEP Environmental Sustainability Task Force Final Report .......... 58 Exhibit 7 – Space Needs Analysis ..................................................................... 58 Exhibit 8 – Conceptual Site Plan Design ........................................................... 58 Exhibit 9 – Improvement Survey and Topo Plat ................................................ 58 Exhibit 10 – Geotechnical Survey and report .................................................... 58 4 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility I. PROJECT DETAILS PROJECT SUMMARY The Town is seeking proposals from Consultants to design and manage the construction of a new Public Safety facility. The project consists of a 2-story facility, approximately 30,000 square feet in size. The ideal consultant team will have extensive experience in law enforcement, emergency services and government facility design throughout Colorado. The successful consultant team will provide a turnkey solution, spanning from schematic design and community data collection through the delivery of final construction documents and construction management assistance. Required disciplines include: • Architectural Design Services • Structural Engineering • Civil Engineering (including Traffic Studies) • (MEP) Engineering •• •• • FF&E and Wayfinding • Community Engagement and Site Details: Active community engagement is a core requirement for this project. The Town expects the consultant to lead efforts in collecting public data and feedback, ensuring those insights are meaningfully incorporated into the facility’s design. 5 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility To support the project’s start, the Town will provide existing topographic maps and utility site plans. Exhibit 9 is an Improvement Survey Plat study. Geotechnical investigations and final report are currently being finalized and will be shared with the consultant upon completion. The Town also has an interest in evaluating alternative energy-efficiency options such as solar or wind energy along with storage solutions for each. The successful consultant team will have demonstrated expertise with this. The successful consultant team shall enter into a contract with TOEP for complete professional services including, but not limited to, the following: 1. Schematic and Design Development 2. Final Design / Construction Documents 3. Bidding Documents Preparation 4. Construction Administration The central goal of this project is to provide a modern Public Safety facility, while also aligning with the character of downtown Estes Park. It is the intent of the Town to have 100% Construction Documents completed within Q4 of 2026 or Q1 2027 (This timeline may be affected by the awarding of grants; more information described below) and construction complete by the end of 2030. The selected consultant must work in partnership with TOEP’s Internal Planning Team (IPT; this includes the Project Manager, select members of the Town of Estes Park Police Department, and select members of additional Town Departments), the community, and other local stakeholders to ensure that the various requirements and concerns are addressed. Any environmental impacts or effects on existing land use resulting from the construction of this new building must be identified, mitigated, and planned for in the designs. This includes, but not limited to, wildfire mitigation, flood management, and wildlife impacts. 6 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility The Town’s preference for this project is a Construction Manager / General Contractor delivery method to engage a construction contractor early in the process to aid in efficiency and assist with construction design and materials. The Town will maintain project oversight, decision-making and financial responsibility. The Consultant team will design the building based on owner feedback and contractor input. The Contractor will perform regular plan reviews, value-engineering ideas as needed, scheduling timelines and eventually construction costs. PROJECT HISTORY The Estes Park Police Department (EPPD) provides professional public safety services in partnership with the community to enhance the quality of life for residents and guests. The EPPD has a staff (officers, support, volunteers) of more than 50 and is currently operating out of the Town Hall building. As the staff and needs have grown, so has the need for a new, modern building. In addition to the daily operations, which includes responding to emergency and non- emergency calls for service, proactive policing, investigations, and the safe flow of pedestrian and vehicle traffic through enforcement of traffic laws, the EPPD also offers a wide array of additional services. Those services consist of the Estes Park Emergency Communications/Dispatch Center, Records Unit, Restorative Justice Partnership, Police Auxiliary, Property Room, Evidence Processing, and numerous community services. The new building will incorporate these services, include a multi-purpose meeting space capable of serving as an Emergency Operations Center when needed, and space for additional services such as the Larimer County Sheriff’s Office. The Town of Estes Park (Town/ TOEP) Police Department facility is currently located in Town Hall which was originally constructed as a public school in the 1930s and converted to Town Hall in 1974. According to the Town’s 2022 Facilities Master Plan (Facilities Master Plan): 7 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility “The current police facility in Town Hall is entirely inadequate. The department has been shoe-horned into a space that jeopardizes the Police Department’s ability to respond to emergencies and keep offices, staff, and residents safe.” The Facilities Master Plan key findings recommend that the police department should not be in the Downtown area due to safety concerns. Instead, it should be planned and constructed outside of Downtown. The Town Board of Trustees (Town Board) has been considering options to address this issue and has included the design and construction of a new Public Safety facility as one of its key strategic objectives. The Town has recently identified an approximately 3-acre, town-owned parcel of land for this new facility. In 2025, TOEP engaged with consultants to conduct space needs analyses and programming needs. Additionally, various potential sites were reviewed and evaluated, and site plan diagrams were created for the top sites. TOEP has identified the site of the future Public Safety facility and a conceptual site plan has been created. This site plan along with the space needs analysis will be critical for the future design development. With the work already completed to conduct space needs analyses, preliminary site plan designs, and conceptual design for the building, these documents will be used by the selected consultant team to advance the preliminary design efforts into schematics designs and construction documents. The Town is not looking to deviate from the current design plans, unless there is an unforeseen necessity justifying significance changes. The Consultant will meet with TOEP Internal Planning Team (IPT) early and often throughout this process. The consultant will also take an active role in all community engagement strategies and meetings working in coordination with the Town’s Project Manager and Public Information Officer. 8 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility TOEP is also anticipating the current traffic flow of the identified parcel will be impacted by the additional traffic caused by this new building and responding emergency vehicles. The consultant team should have experience with traffic impact and traffic engineering. Traffic Impact Studies (TIS) will be required to be performed by the consultant. The Town is anticipating the need for an Intermediate TIS (LCUASS, Chapter 4). The consultant should coordinate with the Project Manager to determine the peak days/times and required intersections for this study. PROPOSAL SCHEDULE The following is a proposed schedule for the project with key milestones identified. Event Start Date End Date Qualifications/Proposals (RFQ/RFP) Advertisement Wednesday, March 11, 2026 Wednesday, March 11, 2026 Mandatory, In-Person (2:00 PM) Wednesday, March 18, 2026 Wednesday, March 18, 2026 Interviews, and Fee Negotiation Thursday, April 9, 2026 Thursday, April 30, 2026 All future milestones, community engagement events, meetings/presentations will be coordinated between the consultant and IPT. * Meetings subject to Consultant feedback and input • Internal Planning Team review meetings: 12:00pm-2:00pm (subject to change) • Town Board Meetings: Tuesdays, 7:00pm-9:00pm, specific day/time TBD 9 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility • Community Development Plan Review: Tuesdays, 10:00am-12:00pm, specific day/time TBD • Community engagement and public presentations days, times, and locations TBD The Town is anticipating the following in-person meetings with the consultant: • Community engagement events (4) • Design review with IPT (4) • Town Board meetings (2) • Scenario testing with IPT (2) • Community Development Plan Review Team meetings (2) Consultant should also plan for every other week virtual project coordination meetings with the Town Project Manager to resolve issues and maintain forward progress on the design effort. Once construction begins, the consultant should plan for on-site visits every other week for the duration of the construction. PROJECT FUNDING Funding for the advancement of the current design is provided by the 2026 Capital Improvement Projects budget. Funding for the additional aspects of this project (Construction Management Assistance, CM/GC, Construction, etc..) is being finalized. The Town is utilizing preliminarily construction cost estimates of $30M (Hard and Soft costs) for financing purposes. The Town is also exploring grant opportunities for the design and construction phases. One of the grants identified will announce awards in April, with an executed contract expected in August. Pending the decision of this grant, initiating any design-related work may be delayed until the grant contract is finalized. 10 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility P ROPOSAL DOCUMENTS Request for Qualifications documents can be obtained through Rocky Mountain E- Purchasing System (BidNet) at Bidnet.com or found on the Town’s website at www.estes.org/RFP The Town of Estes Park, Colorado will receive sealed Proposals for the Design of the Public Safety facility until Wednesday April 8, 2026. Bids may be submitted via one of the following methods: 1. BidNet: Response to the solicitation on Rocky Mountain E-Purchasing System at bidnetdirect.com; or 2. Email to Derek Pastor, Project Manager (dpastor@estes.org); or Hand-delivered or late proposals will not be accepted or considered. The documents are available on bidnetdirect.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. TOEP cannot guarantee accurate information obtained from sources other than BidNet. MANDATORY PRE -PROPOSAL MEETING & WRITTEN QUESTIONS A Mandatory PRE-PROPOSAL CONFERENCE will be held IN-PERSON, ON-SITE Wednesday March 18, 2026 at 2:00 PM MT. The location is the NW corner of Community Drive and Manford Avenue, Estes Park, CO 80517 (see map below for specific meeting location). In the event of inclement weather, a notice will be posted on BidNet for an alternative meeting option. This will allow all interested parties the opportunity to ask any clarifying questions regarding the proposed scope of work, and gain a better comprehensive understanding of the desired outcome of this project. 11 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility 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 PM (MT) Wednesday March 25, 2026. Offerors are reminded that any changes to the RFQ/RFP will be by written addenda only and nothing stated verbally shall change or qualify in any way any of the provisions in the RFQ/RFP and shall not be binding on TOEP. P ROPOSER COMMUNICATION & REQUESTS All correspondence, communication and/or contact regarding any aspect of this RFQ/RFP shall be with 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 12 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility Prospective Consultants and their representatives shall not make any contact or communicate with any members of TOEP, other than Derek Pastor, Town Project Manager, regarding any aspect of this RFQ/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 RFQ/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 RFQ/RFP or contract documents, or that any conflict or discrepancy exists between different parts thereof or with any Federal, State, or local law, ordinance, rule, regulation, or other standard or requirement, then the offeror shall submit a written request for clarification to TOEP within the time period specified above. II. PROJECT O VERVIEW S COPE OF S ERVICES The purpose of this section is to provide qualified Consultants with the needed information to enable them to prepare and submit a proposal for design and construction management assistance for the new Estes Park Public Safety facility. This RFQ/RFP will include an hourly rate fee schedule. No other pricing should be included with the RFQ 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 consultant team, TOEP will use the RFP provided 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. The successful Consultant shall enter into a contract with TOEP for complete professional services to include the following phases: 13 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility PART 1. SCHEMATIC DESIGN PHASE The Consultant shall progress the provided conceptual designs that satisfy the required needs, make effective and efficient use of the space(s), incorporate ideas of additional desired features as space allows, demonstrate mitigation strategies for the loss of public use space, and contribute to and match the aesthetic elements of the Town of Estes Park described below to create a 30% Schematic Design. The Town is not looking to deviate from the current design plans, unless there is an unforeseen necessity justifying significance changes. Based on the documentation provided, the Consultant team will begin the design of the new Public Safety facility and preparation of civil site (on-site and off-site) work documents. The Consultant shall work to 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, and landscape and life safety designs as needed for this project. The Consultant shall gather information from the IPT and Stakeholders will incorporate value engineering suggestions during this process for TOEP to review based on the OPCC if necessary. The consultant will facilitate a Scenario Testing exercise with the IPT. This analysis will identify how workflow actions and operational activities occur and interact with each other in the new building and help to identify any possible conflicts or modifications needing to be made. The following aspects will be considered during the testing: • Specificity • Exact Location • Anticipated Use Durability Description Mislabeled Items Missing / Excluded Items Missing Details The Consultant will also create the required documentation required for the Development plan, preliminary Subdivision plan and establishment of a Right-Of-Way. These plans will 14 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility be reviewed and commented on by the Community Development Planning Review Team. Any comments, clarifications, or corrections will need to be addressed as the design progresses. These designs will be vetted by the identified key stakeholders. There will be a period of public comment to help in gaining additional feedback. At the conclusion of this phase the Consultant shall seek support and direction from the IPT. The Consultant shall design the various elements of the project within all currently adopted building codes and standards, IACP Police Facilities Planning Guide, 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 to produce the best possible design within the constraints of the program needs, the construction budget, the confines of the site, and space limitations, while conforming to the desired performance of the project. Achieving superior design quality regarding building aesthetics, materials, construction, and function 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 new Public Safety facility. The Town encourages innovative designs, in creative combinations to provide for both interior and exterior aesthetic innovation while meeting the needs of the program. The useful design life for the proposed buildings is recognized to be 50 years or more. (Exhibit 5 – Town of Estes Park Design Guidelines) • Estes Park Character: The facilities and project designs shall be required to be in conformance with Town regulations and with Estes Park’s natural setting. It is 15 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility important that the new Public Safety facility promotes compatibility with its surroundings and establishes environmentally conscious and sustainable building standards. • Accessibility: The project shall be universally designed with products and environments to be usable by all people, to the extent possible, without the need for adaptation or specialized design. The accessibility of the project shall meet all adopted regulations that govern the design and construction, including the latest addition of ANSI A117.1 identifying the technical guidelines for accessibility as well as the current Americans with Disabilities Act (ADA) rules outlining the accessibility requirements. These improvements are intended to serve people of all ages and abilities. • Utilities Site Design Criteria: The project will require new utilities to serve this building. These improvements will be needed on the site itself but may also require utility improvements offsite which may include electric, water, gas, and sewer. An Improvement Survey Plat study is currently underway and will be passed on to the consultant once finalized. Topographic maps and existing utilities site plans will be provided as well. Any additional geotechnical will be coordinated by the Town. Traffic Impact Studies (TIS) will be required to be performed by the consultant. The Town is anticipating the need for an Intermediate TIS. The consultant should coordinate with the Project Manager to determine the peak days/times and required intersections for this study. Any additional surveys sufficient to design the project, develop bid documents, and comply with the site plan requirements of the development code need to be identified in the Consultant’s proposal. • Community Development Plan Review: The Consultant will be required to submit a Development Plan and Subdivision Plan to be reviewed by the Town’s Community Development Review Team. This includes a site plan consisting of existing and proposed new utilities, existing buildings/property lines, and a grading/drainage plan. (Contractor will be responsible for requesting a dig test prior to construction.) The Consultants shall assist in determining the best alternative for the Town regarding site 16 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility development constraints and utility requirements. Upon resolution of these issues, the Consultants shall assist the Town with any agreements or entitlements that will be required between the Town and the utility providers and design the improvements for inclusion in the civil site bid documents. The Consultant should refer to the Estes Park Development code (Appendix A) for specific requirements. https://library.municode.com/co/estes_park/codes/development_code?nodeId=ESP ADECO • Environmental Criteria: The consultant shall meet or exceed all environmental requirements that govern the design and proposed work. The design will require approval from all agencies that may have jurisdiction over the work. This may include, but not be limited to, the Town of Estes Park, Larimer County, and the State of Colorado. The Town will require that the Consultant’s proposed team have the expertise to recognize all these requirements and include the work necessary in the proposal to get the project approved with all agencies having jurisdiction and approval authority over the work. (Exhibit 6 – Town of Estes Park Environmental Sustainability Task Force Final Report) • Energy Design Criteria: The Town will require that the consultant have substantial background in mechanical and electrical engineering. The Town will look for Consultants to develop alternatives in materials, HVAC, lighting, and recycled or sustainable materials to reduce impacts to the environment. The Consultants shall take advantage of all technologies regarding solar and wind energies. The Consultant should also plan this design with sound and light pollution reducing strategies in mind. The Consultant shall provide analysis of these alternative technologies and cost benefits analysis to assist the Town in developing sustainable and environmentally sound buildings and sites (see Exhibit 6 Town of Estes Park Environmental Sustainability Task Force Final Report). 17 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility The successful Consultant or team of Consultants shall be responsible for designing and facilitating a community-informed design process. The IPT 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, surveys, presentations to the stakeholders, community and the Town Board, and approval by the Town’s Planning Commission. While the desired Public Safety facility will have a significant impact on the Town, emergency service providers, and the community, the public must be actively encouraged to participate in key external building finishes, landscaping and design evaluations. The Consultant will be required to develop and document informed consent on the safety and design needs and goals of the project from the stakeholders before progressing into conceptual architectural design options. The Consultant will review all available documents involving the space needs analysis and programmatic needs, the site feasibility study of the new location, and developing opinion of probable construction costs (OPCC) at various stages of design to assist with evaluation of the schemes. Part 1 Deliverables: • 30% design set • Scenario Testing with IPT • Pre-Application Review of Development Plan and Preliminary Subdivision Plan for review by Community Development • Design of an inclusive community-informed design process, including preparation of all printed and/or digital outreach materials • Facilitate one (1) separate stakeholder and community outreach presentations with Project Manager to include surveys, display boards and electronic/digital formats of all preliminary drawings (30% 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. • Internal Planning Team presentation 18 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility • Town Board presentation • Phase summary, including documentation of how the community process will inform further designs • One (1) electronic/digital (PDF) set • Preliminary Opinion of Probable Construction Cost PART 2. DESIGN AND LAND DEVELOPMENT 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 new Public Safety facility to create a 60% design set to include updating of civil site (on-site and off-site) work bid documents. These design updates should also incorporate any comments from the Community Development Planning Review Team. The Consultant shall continue work to complete all Architectural, Site Planning, and Engineering services for building components, mechanical and electrical systems, foundation and structural design, surveying, civil and geotechnical engineering, traffic/transportation, landscape architecture and drainage engineering, and interior design planning as needed for this project. Additionally, the Design Criteria outlined above (Estes Park Character, Accessibility, Utilities / Site Design, Environmental and Energy aspects) will be identified. The consultant will incorporate value engineering suggestions during this process for TOEP to review based on the OPCC if necessary. These 60% design sets will be vetted by the identified key stakeholders. There will be a period of public comment to assist in gaining additional feedback. At the conclusion of this phase the Consultant shall seek support and direction from the IPT. Part 2 Deliverables: • 60% design set • Design of an inclusive community-informed design process, including preparation of all printed and/or digital outreach materials • Facilitate one (1) stakeholder and community outreach presentations with Project Manager to include display boards and electronic/digital formats of all preliminary 19 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility 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. • Phase summary, including documentation of how the community process will inform further designs • Internal Planning Team presentation • One (1) electronic/digital (PDF) set • Updated Opinion of Probable Construction Cost PART 3. FINAL DESIGN AND CONSTRUCTION DOCUMENTS PHASE (100% DESIGN) After successful completion of the 60% design phase, review, comments, and programming phase, the Consultant team will update the design of the new Public Safety facility to create a 90% design set to include updating of civil site (on-site and off-site) work bid documents. The Consultant team will continue refining the design further preparation of the bid documents. This will include all architectural, site planning, and engineering services for building components, mechanical and electrical systems, foundation and structural design, surveying, civil and geotechnical engineering, traffic/transportation, landscape architecture and drainage engineering, interior design planning, and interior/exterior wayfinding as needed for this project. Additionally, the Design Criteria outlined above (Estes Park Character, Accessibility, Utilities / Site Design, Environmental and Energy aspects) will be identified. The Consultant will incorporate value engineering suggestions during this process for TOEP to review based on the OPCC if necessary. The Consultant will facilitate a second Scenario Testing exercise with the IPT. This analysis will identify how workflow actions and operational activities occur and interact with each other in the new building and help to identify any possible conflicts or modifications needed to be made. The following aspects will be considered during the testing: 20 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility ••• ••• • Missing / Excluded Items • Missing Details • Identification of Contractor/Owner furnished, and Contractor/Owner installed equipment These 90% design sets will be vetted by the identified key stakeholders. At the conclusion of this phase the Consultant shall seek support and direction from the IPT. Community Development Criteria: With the assistance of the Project Manager, the Consultant will be directed to seek approval from the Planning Commission and resolve any variances identified. The consulting team will be required to prepare and propose the project to the Planning Commission. Comprehensive Design Documentation: The signed and sealed documents must include the following items and any other reports necessary for a complete project: • Architectural and Structural: Comprehensive Architectural sets, Structural documents, and Storm Shelter design (if applicable) • Site and Infrastructure: Site documents, Civil plans, and Site Landscape/Landscaping • MEP and Life Safety: Plumbing, HVAC/Mechanical, Electrical, and Life Safety systems • Specialized Systems: Security, Audio/Visual, and Technology/Communications • Interior and Specialized Design: Furniture, Fixtures and Equipment (FFE), Wayfinding, and Food Services Bidding Support and Coordination: During the solicitation process, the Consultant shall act as the technical lead by providing the following: • Clarifications: Answering technical questions and providing guidance to the Town and prospective bidders 21 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility • Addenda: Preparing and supporting the issuance of any necessary addenda to the bid package • Cost Management: Providing a detailed Construction Cost Estimate template for use during the bidding process Part 3 Deliverables: • Scenario Testing with IPT • Internal Planning Team presentation • Town Board presentation • Pre-Application Review (follow-up) of Development Plan and Preliminary Subdivision Plan for review by Community Development • Phase summary • All final report and drawings must be signed and sealed originals bearing the marks of the Architect or Engineer of Record, including all necessary approval stamps from governing agencies. • 100% Construction Documents (One (1) electronic/digital (PDF) construction document set updated with notes, comments, details, specifications, etc. sufficient for contractor bidding) • ACAD copies of all design drawings shall be provided on CD. • Final Opinion of Probable Construction Cost (One (1) electronic/digital (PDF) of all related bid documents and Construction Cost Estimate template for Contractor bidding) PART 4. CONSTRUCTION ADMINISTRATION PHASE Upon selection of a general contractor by TOEP, the Consultant will assist the Project Manager with clarifications of questions from the contractor, interpretations of drawings, developing change order drawings, and review/approval of shop drawings for effective completion of this project. 22 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility Part 4 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 TOEP. TOEP may require assistance in negotiating change orders and developing design changes from the Consultant when 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 TOEP’s requirements within seven (7) calendar days of the request. • Review and approve all submittals and structural shop drawings within fourteen (14) calendar days. • Answer questions and provide guidance and clarifications during the bid process. • Prepare support for the preparation of addenda if necessary. Proposed Consultant Meetings Part 1 (Schematic Design 30%) Project Kick-Off Consultant to meet with IPT to discuss strategies, expectations and history of project. Engagement #1 for design and safety input Presentation Manager to Internal Planning Team based on community feedback Presentation Manager to Town Board 23 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility Review #1 Subdivision Plan with Project Manager to Community Development Plan Review Team Part 2 (Schematic Design 60% ) Community Engagement #2 for design and safety input Presentation Manager to Internal Planning Team based on scenario testing and community feedback Parts 3 and 4 (100% Construction Documents, Construction Administration) Scenario Testing #2 Review layout and programming with IPT In-Person Schematic Design Presentation (100%) Project Manager to Internal Planning Team based on scenario testing and community feedback Review #2 Subdivision Plan revisions with Project Manager to Community Development Plan Review Team Presentation (100%) Project Manager to Internal Planning Team based on scenario testing and community feedback (OAC) Meetings duration of construction ADDENDA TO RFQ/RFP TOEP reserves the right to amend the RFQ/RFP at any time. Any amendments to or interpretations of the RFQ/RFP shall be described in written addenda. TOEP shall post addenda for prospective Consultants to access through BidNet and on the Town’s 24 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility website. It is the responsibility of prospective Consultants to access all addenda. All addenda issued shall become part of the RFQ/RFP. If 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 TOEP determines will allow offerors sufficient time to revise their proposals. Any new due date shall be included in the addenda. PROFESSIONAL SERVICES, TIME & FEES Following selection of a Consultant based on qualifications, experience, and other factors (See Selections Criteria Section), TOEP will enter into fee negotiations and then a contract agreement for professional 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 Internal Services 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 Project Manager, 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 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. A WARD OF CONTRACT A formal professional services contract will be awarded by TOEP to the responsive and responsible proposing Consultant whose proposal, conforming to the RFQ/RFP and according to the selection factors, will be most advantageous to TOEP. If chosen, the Consultant will enter into an agreement with TOEP via Exhibit 4 - Professional Services Contract. The executed contract will include a not-to-exceed contract amount. Invoicing 25 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility shall be based on the Consultant’s hourly rate schedule provided in the proposal and will not exceed the contract amount without a previously approved change order executed with TOEP and the Consultant. Prior to signing the contract, the successful Consultant shall acquire a Town Business License through the Town Clerk’s Office at https://www.colorado.gov/pacific/townofestespark/businesslicensing. M ATERIAL OWNERSHIP All hard copy and electronic material submitted regarding this RFQ/RFP, presentations, reports, analyses, and the final design documents becomes the property of TOEP and will only be returned to the Consultant at TOEP’s option. TOEP has the right to use any or all ideas presented in reply to this RFQ/RFP. Disqualification of proposer does not eliminate this right. TERM OF CO NTRACT The term of the contract resulting from this RFQ/RFP shall be from the date of the executed contract through contract date or final acceptance of the work. TOEP will generate the Professional Services Contract in accordance with TOEP policy (Exhibit 4 - Professional Services Contract). It is the intent of the Town to have 100% Construction Documents completed within Q4 of 2026 or Q1 2027 (This timeline may be affected by the awarding of grants described above) and construction complete by the end of 2030. A contract term that is acceptable for both TOEP and the selected firm would be negotiated upon selection. III. INSTRUCTIONS TO P ROPOSERS ORGANIZATION OF THE PROPOSAL Eligibility to submit a proposal begins with the in-person, on-site attendance at a mandatory pre-proposal conference to be held at 2:00 PM (MT) Wednesday March 18, 2026. The proposal shall be organized by the submittal format outlined below. Organization and brevity are appreciated, proposals should be limited to no more than 30 pages, including required documentation. The sections of the RFQ/RFP shall be indexed 26 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility with a table of contents per the seven (7) sections noted below in the submittal format, for easy reference. Cost proposals for the services described must be submitted in a separate submission from the RFQ. 1) Cover Letter: Identify the proposer’s name, mailing address, telephone number and contact person(s). The letter must be signed by the proposer and should be limited to two (2) pages. 2) Project Approach: Based upon the Scope of Services, project data provided in this RFQ/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 articulate an understanding of TOEP's needs. The proposal should include the firm’s design approach. The overview should describe the proposed work and all applicable requirements and should be limited to four (4) pages. 3) Key Personnel & Firm Qualifications: Include background experience and education for the primary members of the design team. The firm should demonstrate previous experience in designing Police Department buildings, public safety facilities or other government facilities. 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; and transportation/traffic engineering. This experience should be demonstrated. The design team should also have experience in community engagement strategies. 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. Include background information for all subconsultants primary project team members. This should be limited to ten (10) pages. 27 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility 4) Schedule & Availability: Provide a representative milestone schedule and demonstrate your firm's ability to meet this schedule. Please confirm in writing that your firm or team has the availability to meet this schedule. This should be limited to one (1) page. 5) Exhibits: Review, complete, sign, and date Exhibits 1, 2, and 3. (3 pages) 6) Experience & References: Provide a list of at least three (3) previous project references of similar scope completed or begun within the last five (5) years. Specific expertise in designing Police departments or public safety facilities in Colorado is expected of the qualified consultant. Include specific information about each project that applies to the experience of your firm related to this RFQ/RFP. Provide a list of references for projects that your firm has completed (and, if applicable, at least one (1) of those projects should be for work that any sub- consultants have performed with your firm, collectively as a team). This should be limited to five (5) pages. 7) Hourly Rate Fee Schedule: Include the billable cost for each member of the project team. No other pricing should be included with the RFQ submission. The consultant is to indicate if the hourly fee rate is fixed over the term of the contract, or an annual escalation is expected. 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, TOEP will work with 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. This should be limited to one (1) page. 8) Cost Proposal: In a separate submission from the RFQ, provide a proposal for services to expand the current site plan into conceptual designs and eventually complete bid/construction documents. This proposal should identify the expected fees for each of the identified phases: • Part 1 – Schematic Design • Part 2 – Design and Land Development • Part 3 – Final Design and Construction Documents • Part 4 – Construction Administration 28 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility PROPRIETARY INFORMATION All information included in any proposal that is of a proprietary nature must be clearly marked as such. TOEP shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. In general, it is not acceptable to TOEP to mark information other than financial data as proprietary without the written authorization from the Internal Services Director. Failure to adhere to this restriction could result in rejection of the entire proposal. TOEP has the right to use any or all ideas presented in reply to this RFQ/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. REVIEW OF TOWN’S STANDARD CONTRACT As a part of submissions, all respondents must review the Town’s standard professional services agreement, included as an attachment to this RFQ/RFP. By submitting a response, the consultant acknowledges that they have reviewed the contract and must identify any requested modifications, exceptions, or concerns with the terms and conditions at the time of submission. Failure to do so will be interpreted as acceptance of the contract as-is, and the Town reserves the right to reject any post-award requests for changes. USE OF SUBCON SULTANTS The proposing firm shall indicate in the proposal any work intended to be performed by subcontractors or persons outside of their firm (e.g., partnering firms, consultants, etc.). The 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 29 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility schedules as the proposing firm. They will also provide the same level of documentation (insurance & business licenses). See Exhibit 2 – Consultant’s Personnel and Subconsultant Listing. DISADVANTAGED BUSINESS ENTERPRISE (DBE) TOEP, in accordance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations (CFR), Department of Transportation (DOT), Part 21, for nondiscrimination in federally-assisted programs, notifies all bidders and proposers that it will affirmatively ensure that, in any contract entered into for this solicitation, disadvantaged business enterprises will be afforded full opportunity to participate in the solicitation process and will not be discriminated against on the grounds of race, color, or national origin. There is no DBE requirement for this project; however, DBE participation is strongly encouraged. INSURANCE REQUIREMENTS Insurance Certificates are not required with the proposal but shall be provided by the selected management firm with the signed Professional Services Contract. TOEP must approve the successful firm’s/firm(s) insurance prior to execution of the agreement by TOEP Board of Trustees. The successful firm shall also acquire a TOEP Business License prior to signing the agreement, at their own expense. P ROPOSAL REVIEW , E VALUATION & SELECTION P ROCESS Respondents should submit a comprehensive, but concise, RFQ/RFP submittal. Failure of the respondents to provide any information requested in this RFQ/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 RFQ/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 qualifications only. Interview of Finalists: At 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- 30 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility defined format. The finalists will have approximately one (1) week to prepare their presentation for the committee. Cost Proposal Review: After the proposals have been ranked based on qualifications, and interviews conducted, the Cost proposals will be evaluated for consideration of the top-qualified candidate(s). TOEP will use the RFP provided 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. Disclaimer: Any Professional Services Agreement is subject to the review and approval of TOEP Board of Trustees. SELECTION CRITERIA The objective of the Evaluation and Selection Committee will be to evaluate proposals against the criteria set forth here-in: SELECTION CRITERIA Point Scope Understanding and Proposed Approach: Approach is clear and concise and addresses this specific project. Understanding of the project 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 Consultant in community-informed design, Public Safety facility design, bidding and construction management. 25 points 31 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility 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 managing work within a schedule and 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: 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, consultants 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 re-evaluated. G ENERA L REQUIREMENTS The successful consultant shall: • Have experience in all professional services requested in this RFQ/RFP, including architecture, civil engineering, surveying, structural and geotechnical engineering as well as mechanical and electrical engineering, and transportation/ traffic engineering. Experience with landscape design and architectural features as well as interior design, furniture/fixtures/equipment and interior/exterior wayfinding signage is also expected. • Enter into a professional services contract with TOEP to provide design services for a new Public Safety facility. • Provide proof of and maintain insurance coverage for the duration of the contract period as outlined in TOEP’s Professional Services Agreement. 32 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility • Operate as an independent contractor and will not be considered employee(s) of TOEP. • Be paid on actual invoices as work is completed. S ITE PARAMETERS The selected Consultant will work closely with TOEP staff to develop improvements in a manner that will minimize the impact to the citizens. DELIVERABLES The Consultant shall provide digital copies (PDF, Microsoft Word, Excel, etc.) of the plans, specifications, and cost estimate for review by TOEP. Plans shall be developed for printing on 11x17 paper at true half-scale. Documents for presentations to stakeholders shall be a minimum of 18x24 inches. Presentations to the IPT, stakeholders and/or Community shall be in the form of story boards, visuals, handouts, digital presentations, or other options offered by the proposer. T OWN REPRESENTATIVES TOEP’s representative on this project will be Derek Pastor, Project Manager, Internal Services 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. SUPPLEMENTAL CONSULTANT GUIDELINES A. Preliminary and final designs for this project will be reviewed by the ITP (which include the Project Manager, selected members of the Town of Estes Park Police Department, and selected members of additional Town Hall Departments), Community Development, and others. 33 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility 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), International Association of Police Chiefs Guidelines (IAPC), Americans with Disabilities Act (ADA), or Public Rights-of-Way Accessibility Guidelines (PROWAG). C. The plan documents will consist of, but not be limited to, the following formats: layout and cover sheet, plan views, profile views, details, sketches, general and detailed construction notes, construction explanation notes and details, and summary of Owner/Contractor Furnished/Installed items (CF/CI; OF/CI; OF/OI). 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 TOEP. G. The Consultant should plan a minimum of 16 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 approvals. Additionally, the consultant should budget for bi-weekly virtual project coordination meetings with the IPT to resolve issues and maintain forward progress on the design effort. H. The Consultant should plan to provide construction management assistance services to assist TOEP during the bid advertisement period. These services may include but 34 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility 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; responding to Requests for Information, updating/revising plans, and correcting any errors or inconsistencies found in the bid documents, which may require printing a new “For Construction” plan set. 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 as outlined 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 Wednesday April 8, 2026. 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 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 TOEP Board of Trustees. 35 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility 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. 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. ACCESSIBILITY NOTIFICATION The Town of Estes Park is committed to providing accessible information and services. In accordance with State of Colorado law (House Bill 21-1110 and Senate Bill 23-244), all vendors submitting proposals in response to this Invitation to Bid must ensure that any documents submitted as part of the proposal process, and any future deliverables provided under any resulting contract, are fully compliant with the State of Colorado’s Technology Accessibility Standards. TOWN OF ESTES PARK Derek Pastor, PMP Project Manager Town of Estes Park Public Works Department 970-577-3957 dpastor@estes.org 36 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility IV. EXHIBITS E XHIBIT 1 – TOEP 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: 37 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility E XHIBIT 2 – CONSULTANT’S PERSONNEL & SUBCONSULTANT LISTING Name Role Add lines as needed on back. 38 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building E XHIBIT 3 – TOEP REFERENCE AUTHORIZATION & RELEASE F O RM (Proposer) 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. 39 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building E XHIBIT 4 – TOEP PROFESSIONAL SERVICES CONTRACT TOWN OF ESTES PARK PROFESSIONAL SERVICES CONTRACT (example) PROFESSIONAL SERVICES CONTRACT For the engineering, architectural and design for the New Public Services/Emergency Response Center 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 ____________________, 2025, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1. RECITALS: 40 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 1. Town desires to use the services of Consultant outlined in Consultant's Proposal; and 2. Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2. CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 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; 41 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 7. Request for Proposals, containing XX pages, dated XXX; 8. Consultant's Proposal, containing XX pages, dated XXX; and 9. Insurance Certificates. 3. SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4. BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon receiving Town’s Notice to Proceed. Consultant shall timely perform its Services, according to the Proposal Schedule outlined on page 5 of the Request for Proposal and incorporated into this Contract or as otherwise directed by Town. 5. PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed Contract Price, as the Price for the total Services performed as stipulated in Consultant's Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 42 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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. 43 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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 44 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building unsuitable, improper, or inaccurate for Consultant's purposes. 6. Consultant shall attend such meetings on the work stated in this Contract (Proposal Schedule outlined on page 5 of the Request for Proposal), as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. Town will pay for any meeting time exceeding Consultant’s total estimate of included hours, according to Consultant’s fee schedule attached to Consultant’s proposal. 7. As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8. Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 9. Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 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 45 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building specifically requests. 3. Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 4. Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 5. Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10. USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 1. The Consultant will keep record copies of all work product items delivered to the Town. 11. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, 46 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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. 47 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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. 48 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 16. PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17. INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 1. Professional Liability/Errors and Omissions for at least $1,000,000. 2. Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. 3. General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 4. Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 49 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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: 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 50 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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. 51 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 12. If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 13. Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18. INDEMNIFICATION: 1. Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 2. If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate 52 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 3. As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19. INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and 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. 53 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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 DAY/DATE, and shall continue through DAY/DATE with the option of one (1) additional renewal, based on the construction timeline and construction management assistance needed for the duration of the construction, upon agreement of both parties. 26. TERMINATION: 1. In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 2. Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of 54 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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(s) clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 55 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building 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. CONSULTANT Date ) ss 56 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building The foregoing instrument was acknowledged before me this __________ day of ____________________, 2025, by ______________________________, as _____________________________ of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public 57 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building TOWN OF ESTES PARK: Date ) ss The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2025. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney 58 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building E XHIBIT 5 – TOEP DESIGN GUIDELINES Separate Attachment E XHIBIT 6 – TOEP ENVIRONMENTAL SUSTAINABILITY TASK FORCE FINAL REPORT Separate Attachment EXHIBIT 7 – SPACE NEEDS ANALYSIS Separate Attachment EXHIBIT 8 – CONCEPTUAL SITE PL AN DESIGN Separate Attachment (draft) EXHIBIT 9 – IMPROVEMENT SURVEY AND TOPO PLAT Separate Attachment EXHIBIT 1 0 – GEOTECHNICAL SURVEY AND REPORT Pending 4487 HIGHLAND MEADOWS PKWY, UNIT B WINDSOR, CO 80550 INFUSIONARCHITECTS.COM TOWN OF ESTES PARK APRIL 8, 2026 Request for Qualifications & Proposals - Design Services for the Estes Park Public Safety Facility Attachment 4 2 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility TABLE OF CONTENTS Having Infusion Architects as part of our project helped to create a successful team that worked great for our project. I recommend that any organization give them strong consideration.“ RICK KLIMEK CHIEF OF POLICE (RETIRED) | TOWN OF WINDSOR “ 1. Cover Letter 2. Project Approach 3. Key Personnel & Firm Qualifications 4. Schedule & Availability 5. Exhibits 6. Experience & References 7. Hourly Rate Fee Schedule 3 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 1. COVER LETTER Estes Park Public Safety Facility Concept Designs Dear Chief Stewart, We are pleased to submit our proposal for the Town of Estes Park’s new Public Safety Facility. We have been honored to work with you and the Town over the past year, and we are excited to continue this journey until you have the keys in your hand. Although we have the background for the project, we don’t take for granted the need to continue bringing you the highest level of communication, coordination and design. We have progressed a long way since the initial programming meetings, but there is still a lot of work to be done. We do feel our team has the ability to keep the ball rolling and reduce the amount of time and rework as you move into the next phase. Our goal is to make this the most efficient and functional facility we can. Continuing to refine the design and looking for opportunities to reduce square footage without compromising program or function is our primary goal. We want to create a beautiful and low maintenance facility that does not overspend on expensive materials, but gives you a durable, long-lasting building for decades to come. In this next phase, we understand how important public education and engagement will be. We plan to walk side by side with you on the messaging, marketing and engagement as we convey the importance of the new facility to the citizens of Estes Park. We believe in this project, we believe in this community, and we can’t wait to help you make it a reality. Thanks for considering Infusion Architects. We would like nothing more than to continue alongside you on this journey. Sincerely, CHIEF STEWART ESTES PARK POLICE DEPARTMENT 170 MACGREGOR AVENUE ESTES PARK, CO 80517 RANDELL JOHNSON, AIA PRINCIPAL, INFUSION ARCHITECTS 4487 Highland Meadows Pkwy, Suite 200 Windsor, CO 80550 Phone: 303-710-1892 (mobile) Email: randell.johnson@infusionarchitects.com 4 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 2. PROJECT APPROACH Concept Site Plan THE WORK TO BE ACCOMPLISHED This project is more than a police station. It is a purpose- built Public Safety facility that consolidates the full range of EPPD services under one roof, while also accommodating the Larimer County Sheriff’s Office. This design must also reflect Estes Park’s mountain character and incorporate sustainable building standards and universal accessibility in a space made for future generations. UNDERSTANDING THE TOWN’S NEEDS We are uniquely qualified to design this project given our in-depth analysis of the comprehensive space needs and understanding of the site’s nuances. Our sub-consultants have been kept informed and engaged throughout the conceptual process, as to prepare them to readily progress the design. Our team is not learning this project, we are advancing it, with the same staff and continuity built over the past 14 months of active collaboration. OUR APPROACH: BUILT ON KNOWLEDGE, DELIVERED THROUGH COLLABORATION Our approach begins with a clear understanding of the “why” and “how” behind this project, blending the Town’s needs with our expertise to shape a thoughtful, purpose-driven design. Infusion’s prior involvement in early planning gives us valuable context, but we will validate existing plans against current budget and schedule realities, while leveraging our site knowledge and relationships to accelerate decision-making, develop and improve the current solution if needed, and keep the project on track. We are here to support the project’s success throughout every step of the process. We are advocates for the Town of Estes Park, and are equally committed in our responsiveness to the contractor’s requests during construction administration. This philosophy of full-spectrum partnership has been the foundation of other successful public safety facilities throughout Northern Colorado, and it is the approach we bring to this project. PROJECT KICKOFF We will begin with a comprehensive kick-off meeting bringing together the Town of Estes Park, the Internal Planning Team (IPT), and the EPPD. This session will establish clear communication channels, define team roles and responsibilities for the expanded team, review the project schedule, and gather all existing documentation to inform the design process. Because our team has been actively engaged with the IPT over the past 14 months, this kick-off will be a continuation of that effort, so once we receive Notice to Proceed, our entire team will be ready to move. In this session, we will review the schedule and content of milestone meetings for the SD and DD phases to ensure the right decision makers are included at each stage. BALANCING BUDGET AND FUNCTION One of the primary challenges on this project is delivering a facility that meets the EPPD’s long-term operational needs within a complex funding environment. Our commitment is to find efficiency without sacrificing function. We have been exploring precast concrete as the primary structural system, which typically delivers around 10% savings in structural cost versus steel. The Town has responded positively to the design direction established to date, and we are committed to carrying that vision forward as desired. On a comparable project currently in development, our team identified a design refinement that added an entire department while eliminating 1,000 square feet — a savings of approximately $900,000 at current market rates. 5 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility SITE-SPECIFIC CONSIDERATIONS The project site sits within a heavily used public precinct bordered by an event center, school, and park. Secure operational elements including the sally port, holding areas, and parking must be thoughtfully integrated so EPPD activities do not intrude on the neighboring community, with sirens, noise, traffic, and sight lines carefully addressed in the design. Our team has built projects like this before. We know where RAM-resistant fencing belongs, how to position generators, and where ballistic considerations are critical — and that knowledge keeps decisions moving and budgets intact. Given Estes Park’s location within a designated Wildland- Urban Interface zone, our design will incorporate WUI- compliant strategies throughout, including ignition- resistant materials, defensible space planning, and ember-resistant detailing. For a building that houses the community’s dispatch and emergency operations, wildfire resilience is a mission-critical design priority. VARIANCE PROCESS We strongly recommend that the Town initiate the variance process prior to the conclusion of Design Development, specifically regarding building height. Any public process carries a risk of forced redesign, and aligns directly with the Town’s goal of completing 100% Construction Documents by Q4 2026 or Q1 2027. We are prepared to support this effort immediately upon Notice to Proceed. COMMUNITY ENGAGEMENT AND EDUCATION The RFP states that active community engagement is a core requirement for this project. Our team is experienced with coordinating and leading community and stakeholder outreach for projects just like this. Early in the process, Infusion, Salt, and BHA will meet with staff to learn about outreach methods that have shown success with previous efforts, and to discuss additional tools and methods that could be used to engage and communicate with the public and key stakeholders. We will also work closely with the Town to define the right questions to ask at each stage, ensuring the feedback we collect is meaningful, actionable, and directly informs design decisions rather than creating noise that is difficult to act on. We would work closely with the Town’s Public Information Officer and the existing proven systems already in place. We also anticipate facilitating in-person events such as open houses to share information, updates, and progress and potentially to gather input on topics like design aesthetics, landscape, and public access. Finally, we expect there may be meetings required with key stakeholders early in the project to establish any key criteria that must be considered with the project design. The design team will take an active role in these meetings by facilitating the discussion, providing content, and documenting outreach (i.e. input, preferences, meeting minutes, decision log). • Key Stakeholder Identification and Engagement. Infusion, Salt, and BHA will work with the Town to identify any key stakeholders (adjacent property owners, easement holders, etc). We will assist the Town in scheduling and facilitating a meeting with this group prior to more general public engagement. • Public Open Houses. Four (4) Open Houses will be scheduled through the design process involving Town staff, stakeholders within the project area, and the public. The Consultant team will prepare presentation boards, maps, handouts and questionnaires. • Online Public Outreach and Engagement. Infusion and BHA will provide content for use in the Town’s online and social media platforms (surveys, bulletins, frequently asked questions, updates on budget, and other public memos) to support community engagement for the project. • Public Outreach. To help the community visualize and connect with the design in a way static boards cannot, our team will leverage 3D flythrough animations of the facility, bringing the project to life for the public before a single shovel breaks ground. Following each engagement event, BHA will compile all written comments, public input, and stakeholder notes and forward electronic copies to the Town for inclusion in the project record, ensuring full transparency and a documented foundation for design decisions. WANT TO SEE MORE? Click or scan the QR code to the right for a virtual “flythrough” tour of our projected design concept for the Town of Estes Park Public Safety Facility. This was built by Brady using the site plans that were previously developed. 6 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS We will incorporate and resolve all comments received from the Community Development Planning Review Team following the Pre-Application Review. An updated OPCC will be developed, and value engineering options will again be evaluated against the project budget in consultation with the IPT. While security is a foundational requirement of any public safety facility, it is equally important that this building feel welcoming, accessible, and reflective of the community it serves. Our design will honor Estes Park’s distinctive natural setting and architectural character while delivering a modern, functional facility built to serve the department and the community for 50 years or more, including the full integration of all architectural, structural, civil, MEP, landscape, interior design, wayfinding, signage, FF&E, and specialty systems design into a complete, constrution-ready package. A second Scenario Testing exercise will be conducted with the IPT, ensuring that the final design continues to reflect operational realities and that any remaining conflicts are resolved prior to bidding. SUSTAINABLE RESILIENCE AND MATERIAL SELECTION Our approach to sustainability for this project is framed through the lens of resiliency. The Platte River Power Authority is already on a path toward green energy production, with sustainability goals that will benefit the entire Estes Park grid. Given this context, the most compelling sustainability solution for a Public Safety Facility is operational continuity that is not dependent on gas or fossil fuels. Solar panels with battery storage would allow this facility to remain fully operational during severe power outages or Public Safety Power Shutoffs. For a building that serves as the community’s emergency nerve center, that resiliency is a mission-critical design requirement. Our sustainability consultants at PEC have contributed early analysis of solar and geothermal potential for this facility, and the design is solar-ready. For long-term durability, our team is exploring precast concrete as the primary structural material. In addition to cost savings, precast offers a 50 to 100-year service life, directly addressing the Town’s goal of a facility built to last. Precast also provides meaningful additional benefits for a public safety facility: inherent resistance to ballistic, vehicle crash, and blast impacts, delivering a hardened, secure structure without sacrificing the aesthetic flexibility to ensure the facility reflects the character of Estes Park. This system also supports a shorter construction timeline, an advantage in a mountain climate where weather can impact construction sequencing at any time of year. FINANCING CONSIDERATIONS Infusion understands that breaking ground on this facility is not solely a design challenge, it is a financial one as well. Certificate of Participation (COP) financing is a mechanism we are familiar with, and we understand that the structure and timing of the Town’s COP will be shaped by several factors still being finalized. Our team will maintain open and proactive communication with the Town’s project leadership as the financing picture evolves, and we will structure our design schedule with the flexibility to respond to changes in project timing without losing momentum or incurring unnecessary cost. We will flag where design decisions have long-lead implications early so the Town can make informed decisions about timing relative to the financing timeline. We will continue to support the Town’s efforts to identify and pursue supplemental funding sources, including state and federal grant opportunities, so once the financing pieces fall into place, the project is positioned to move forward without delay. Solar-Ready Roof View from Sally Port and Staff Entry 7 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility FINISHING STRONG: OUR APPROACH TO CONSTRUCTION ADMINISTRATION Upon selection of the general contractor by TOEP, Infusion Architects and our sub-consultant team will provide Construction Administration services for the full duration of construction. Our team will conduct regular on-site visits, respond to Requests for Information, review and approve shop drawings in a timely manner, and develop change order drawings as needed. We are committed to maintaining the integrity of the design through construction and ensuring that the completed Public Safety Facility reflects the vision, and investment. We view Construction Administration not as a contractual obligation, but as the final and essential act of stewardship over a design we have been invested in from day one. The relationship between the architect and the contractor can make or break the success of a project, and if the designer and contractor are constantly at odds with each other, it will not be a favorable experience for the Town. By prioritizing and maintaining the same collaborative relationships and approach throughout the project, we ensure that what gets built reflects the department and community’s need and delivers a successful outcome for all involved. THE TEAM-FIRST MINDSET We understand that our biggest risk, and yours, lies in the construction phase. Rather than pointing fingers when challenges arise, we believe in grouping with the contractor to discuss and align on solutions before presenting options to you. This collaborative problem- solving approach keeps the project moving forward and eliminates the kind of friction that can derail schedules and strain relationships. SANDBOX-FRIENDLY Our design-build DNA combined with our extensive experience means we genuinely enjoy working with contractors. We speak their language, understand their challenges, and respect their expertise. When complications arise, and they always do, we leverage our construction industry insight to find practical solutions that work for everyone. We get it, and we act like we get it. PROACTIVE, NOT REACTIVE During construction, we understand that timeliness is everything. Getting a project built correctly during construction is valuable to the entire team. Our approach centers on three core commitments: • Responsiveness: Timely RFI and submittal reviews keep the construction machine moving and eliminate delay risk. We understand the meter turns quickly during construction, and we react accordingly. • On-Site Presence: Weekly construction observation reports ensure we’re actively monitoring progress, catching issues early, and maintaining quality standards throughout the build. • Contractor Coordination: We work closely with the contractor throughout design to check constructability, material availability, and pricing, ensuring the design never exceeds budget. One thing that is always consistent is Infusion’s willingness to listen. They are not only engaged with the client during the design process but are also listening to the contractor and working with them on cost efficiences and constructability of the design. “ JUSTIN CLARK SENIOR PROJECT MANAGER | FCI CONSTRUCTORS“ 8 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 3. KEY PERSONNEL & FIRM QUALIFICATIONS Infusion Architects began as an idea: bring talented people together, provide the tools, technology, information and the support they need to build a dynamic, collaborative design team. We started our firm with a vision to create something that would last well beyond its founders. We strive to attract good people, who love to learn, who enjoy working as a team, and who will help lead Infusion Architects well into the future. Founded in June 2014 by Principals Randell Johnson and Lee Hardies, Infusion Architects is based in Windsor. Roger Wedderburn and Chad Arthur joined the leadership team shortly after and most recently, we welcomed Andy Croxton to the ownership group to complete our strong design-build foundation. Deeply rooted in Colorado, we are passionate about designing projects that improve our community. With expertise spanning both architectural design and construction, we will bring a practical, integrated approach to the planning and execution of your project centered around your needs. Our firm has the resources (team members and financial stability) to provide planning, architectural and interior design services in a professional and expedient manner. The Infusion Architects Team 2014 PRINCIPALS Randell Johnson, AIA Roger Wedderburn, AIA Chad Arthur, Assoc. AIA Andy Croxton ARCHITECTURAL LICENSES Colorado California Idaho Montana North Dakota Oregon Texas Wyoming Roger Wedderburn and Melissa Lanning are NCARB Certified for quick reciprocal licensing in other jurisdictions. PROJECT TYPES Municipal Healthcare Corporate Office Multi-family Residential Commercial/Retail Faith-based FOUNDED 6 LICENSED ARCHITECTS 15 PERSONNEL 440+ COMPLETED PROJECTS 150+ PROJECTS COMPLETED IN LARIMER COUNTY 30 PROJECTS COMPLETED WITH NORTHERN COLORADO MUNICIPALITIES 9 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility PRIMARY CONTACT INFORMATION Randell Johnson will be the single contact for the proposal. As Principal in Charge, he will lead the contract negotiations. 4487 Highland Meadows Pkwy, Suite 200 Windsor, CO 80550 Phone: 303-710-1892 (mobile) Email: randell.johnson@infusionarchitects.com EXPERIENCE MATTERS We are pleased to present a team uniquely qualified for the Town of Estes Park’s Police Station. Our team recently delivered the Windsor Police Station project ahead of schedule and under budget, demonstrating our ability to effectively manage complex projects. We have selected our Infusion team members for this project based on their passion for this project type, their historical knowledge and experience on this project during the feasibility study and concept design phase, and their desire to design meaningful projects in Northern Colorado communities. Our project manager and design team lead, Melissa Lanning, lives in Loveland and has specialized knowledge in designing public safety facilities and other municipal projects. She understands the codes and requirements pertaining to public safety design and has the capacity necessary to manage it. We’re not starting from scratch either. Randell and Melissa have been working on this project over the past year. We know the Town’s concerns, operational needs, and the budget realities. This institutional knowledge accelerates design and eliminates redundant discovery. PROVEN TEAM Designing a project of this scale and importance takes a dedicated, collaborative team. We recognize that success depends on the expertise of many. That’s why we’ve assembled a local team with the creativity, experience, and commitment needed to deliver a high-performing public safety facility. Our planning and landscape architecture partner, BHA Design, brings deep municipal experience, having led the design of many prominent public spaces across Northern Colorado. They will serve as our Community Engagement Lead for this project, leveraging their experience with coordinating stakeholder outreach efforts to achieve critial engagement as a core requirement for this project. Our local engineering consultants EPS Group, PEC, and Salt Design – all of whom live in the surrounding communities– bring specific experience with public safety facility design and a shared investment in the success of this project. We’ve also partnered with with Redstone Architects as our Public Safety QA/ QC consultant. Although their direct interaction will be limited, their nationally-recognized expertise in law enforcement facilities will serve as an important resource to Infusion and the rest of our team behind the scenes. Our proven history of success working with our core consultant team spans every stage of development across multiple public safety facilities, ensuring a proactive and unified approach. We have a deeply integrated workflow and an intuitive understanding of the specific needs of each phase, which allows us to anticipate challenges before they arise and resolve them proactively as a unified team. Estes Park Public Safety Facility - Concept of Front Entry at Dusk 10 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility TEAM STRUCTURE A project of this importance deserves a team of specialists who excel in their disciplines and operate with clear, coordinated communication. For the Town of Estes Park, Melissa Lanning will serve as your primary point of contact, ensuring consistency and responsiveness throughout the project. Our experience with similar public safety facility projects means each team member understands their role, responsibilities, and channels for coordination – both internally and with the Town of Estes Park. You can expect a highly synchronized effort and a collaborative process where your needs are heard and addressed every step of the way. Randell, as Principal in Charge and Lead Designer, brings deep insights into the Town’s needs. He provides guidance when complex design, budget, or schedule challenges arise, and his collaborative approach keeps all stakeholders aligned throughout the project Melissa serves as Project Manager and Project Architect. She brings deep experience in public safety facility design and will ensure the project stays on schedule, aligns with your budget, and fully supports your department’s operational needs. Her municipal and public safety expertise ensures specialized requirements are met with precision. Brady bridges vision and execution by leading technical documentation and coordinating project details with a focus on practical, purposeful solutions. A skilled 3D animator, he will develop compelling visuals and graphics to clearly convey the project vision—supporting both community engagement and funding efforts. EXTERNAL COORDINATION Our centralized communication protocol ensures no information is lost: • Single Point of Contact: All technical, administrative, and budgetary inquiries route through Melissa for consistent, vetted responses. • Proven Consultant Team: Our engineering partners have collaborated successfully on Windsor PD, Severance PD, Platteville PD, and several other public safety facilities. This established rapport allows us to anticipate and resolve technical challenges during design - long before construction. • Proactive Authority Coordination: Melissa leads check-ins with Town planners and building officials to expedite permitting and ensure code compliance.Severance PD Grand Opening Infusion was great to work with on our new police station. They brought real value to the project; they were responsive and truly listened to what we needed in the facility.“ KENNETH CHAVEZ CHIEF OF POLICE | TOWN OF SEVERANCE “ 11 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility EPS GROUP CIVIL ENGINEERING / TRAFFIC ENGINEERING PEC MEP ENGINEERING / STRUCTURAL ENGINEERING / TECHNOLOGY ENGINEERING / ENERGY CONSULTANT BHA DESIGN PLANNING / LANDSCAPE ARCHITECTURE / COMMUNITY ENGAGEMENT SALT DESIGN INTERIOR DESIGN REDSTONE ARCHITECTS PUBLIC SAFETY QA/QC SUB-CONSULTANTS RANDELL JOHNSON MANAGING PRINCIPAL EXECUTIVE OVERSIGHT MELISSA LANNING PROJECT ARCHITECT PROJECT MANAGEMENT MELISSA LANNING FACILITY DESIGN DESIGN BRADY BROWN DESIGN Windsor Public Works Campus Mountain View Fire & Rescue Administration Remodel EDUCATION Bachelor of Architecture, Montana State University REGISTRATIONS Colorado As Managing Principal at Infusion Architects, Randell brings over 30 years of experience in design, development, and construction. On this project, Randell leads design intent across all phases, ensuring every decision reflects both the firm’s quality standards and the community’s vision for this facility. He provides senior guidance when complex design, budget, or schedule challenges arise, and his collaborative approach keeps the team and the Town aligned from schematic design through the day you get the keys in your hand. RANDELL JOHNSON MANAGING PRINCIPAL | INFUSION ARCHITECTS RELEVANT PROJECTS *Windsor Police Station Estes Park Police Station Site Selection & Concept Windsor Public Works Campus Ault Town Hall & Police Station Platteville Police Station *Mountain View Fire Rescue Admin Berthoud Fire Station No. 6 Severance Police Station *Projects in bold are included in Section 6 of this proposal PROJECT TEAM & STAFF 12 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility EDUCATION Master of Architecture, Drury University Brady has a passion for creating public safety facilities that enhance staff efficiency, support complex operational needs, and strengthen community connection. With eight years of experience as a Job Captain across civic and municipal projects, he brings rigorous organization, precise documentation, and a collaborative approach that ensures solutions are beautiful, functional, and truly enhance the outcomes clients are hoping to achieve. RELEVANT PROJECTS Estes Park Police Station Site Selection & Concept Severance Police Station *Windsor Police Station Ault Town Hall & Police Station Platteville Police Station BRADY BROWN DESIGN COORDINATOR | INFUSION ARCHITECTS *Projects in bold are included in Section 6 of this proposal Severance Police Station Windsor Police Station EDUCATION Bachelor of Architecture, Philadelphia Univerisity REGISTRATIONS Colorado NCARB With a decade of experience in municipal architecture, Melissa brings specialized expertise in public safety and multi-functional design. She believes collaboration is essential to both the design process and project success. Grounded in practicality, Melissa keeps clients engaged and informed while coordinating closely with engineering teams to deliver architecture that is both functional and visually compelling. RELEVANT PROJECTS *Windsor Police Station Estes Park Police Station Site Selection & Concept *Mountain View Fire Rescue Admin Severance Police Station *Mead Police Station Ault Town Hall & Police Station Platteville Police Station MELISSA LANNING PROJECT ARCHITECT | INFUSION ARCHITECTS *Projects in bold are included in Section 6 of this proposal Mountain View Fire & Rescue Administration Building Training Room Windsor PD Task Force Room 13 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility EPS GROUP CIVIL ENGINEERING Serving Northern Colorado for nearly 40 years, EPS Group has grown into one of the Southwest’s leading consulting firms. While our Arizona offices provide a full suite of multidisciplinary services, our Colorado team specializes in Civil Engineering and Surveying, delivering high-quality support across a diverse rangeof land and infrastructure projects. With more than 300 employees companywide, EPS Group remains the largest locally owned land and infrastructure development firm in Arizona and Colorado and continues to expand its impact throughout the region. At EPS Group, we prioritize people-first solutions, technical excellence, and community-focused results. Our Colorado offices reflect these values through two core service areas: Civil Engineering: Designing resilient, efficient infrastructure, including grading, utilities, roadway design, drainage solutions, and public works support. Surveying: Providing accurate, data-driven insights using advanced tools such as LiDAR, drone mapping, and 3D modeling. These disciplines work closely together to deliver cohesive, efficient project outcomes for both public and private clients. EPS Group strengthens communities by combining technical rigor with thoughtful, human-centered design—creating infrastructure and environments built for today and ready for tomorrow. PREVIOUS PROJECTS WITH INFUSION 5 BHA DESIGN PLANNING & LANDSCAPE ARCHITECTURE / COMMUNITY ENGAGEMENT PREVIOUS PROJECTS WITH INFUSION 5 Since BHA Design opened its doors as a Landscape Architecture and Planning firm in 1993, we have emphasized collaboration, creativity, growth, and learning. Excellent communication is inherent in collaboration, and fun and enjoyment are offshoots of our desire for our work to be a rewarding part of our lives. The reward for us is sustainable, smart design for our clients – designs which make communities more beautiful and functional; designs which renew, restore and artfully enhance the spaces in which we live. Design is included in the name of our firm for a reason. When something is designed, it has intention. Our intention is to create designs which reflect the unique experience of each community and client. To that end, we employ people with diverse life experiences, perspectives, and interests. They are artists, and each person’s unique voice adds to our firm’s success. But design is only a part of what we do. Our project managers are well versed in leading teams throughout the process. We love to see projects become living, breathing realities for our clients. We are also committed to design excellence. Design plays a strong role in the quality of public place and we are committed to creating lasting and durable places that engage their users. We have extensive experience in the design of municipal projects of many types including public safety facilities, parks, streetscapes, and public spaces, with recent work including Windsor Police Station and Windsor Public Works Campus, both completed alongside Infusion Architects. We bring deep experience leading stakeholder outreach and community engagement for public projects, a core requirement for Estes Park. Our passion for creating lasting, durable places that reflect the unique character of each community aligns naturally with the vision Estes Park has for this facility. 14 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility REDSTONE ARCHITECTS PUBLIC SAFETY QA/QC PREVIOUS PROJECTS WITH INFUSION 4 For more than 85 years, Redstone Architects has understood the importance of providing design solutions that embrace functionality and client needs, as well as pleasing and appropriate aesthetics. Our solutions help agencies maximize their facilities while staying within budget. The Redstone Architects team is nationally recognized for their expertise in law enforcement, public safety, and justice facility design. Their approach prioritizes both safety and efficiency by supporting collaborative workflows while maintaining necessary security separations. As a QA/ QC consultant to Infusion Architects—your local lead architect—Redstone enables you to benefit from specialized public safety expertise while empowering trusted local firms to lead, drawing on established relationships with local engineers and stakeholders. SALT DESIGN INTERIOR DESIGN Salt Design’s unique, inspiring interiors make the most challenging spaces unforgettable. Regardless of what we are designing, we always strive to add a little spice—a little salt if you will—to each of our projects. Since 2014, we have used our collective expertise to elevate the spatial experience of our clients. Many of them are located in Northern Colorado however, we know no bounds. We have completed projects all over the world. To truly design a space that expands the realms of possibility for each of our clients, we approach every relationship as a partnership. We choose our clients as carefully as we choose our team, working with individuals and businesses to take the beauty of an idea give it a personality, and make it accessible to all. Our clients have generously described working with the Salt Design team a collaborative, easy, intuitive experience. PREVIOUS PROJECTS WITH INFUSION 44 PROFESSIONAL ENGINEERING CONSULTANTS (PEC) MEP ENGINEERING / STRUCTURAL ENGINEERING / TECHNOLOGY ENGINEERING / ENERGY CONSULTANT Professional Engineering Consultants (PEC) is a full-service firm providing holistic and sustainable solutions to both public and private sectors across the United States and beyond. With more than 400 employees in eight offices, we are a regionally-based firm with a national reach. For more than a half century, our company has been built on the relationships we have developed with both our clients and owners. Additionally, we have been at the forefront of developing innovative solutions with a level of engineering excellence that fosters prosperity and brings opportunity to communities. We are a team of proactive problem solvers and take pride in the diversity of expertise within our company. Our deep understanding of the markets, technology, and regulations that govern the work we do allows us to create forward-thinking solutions that are effective and economical. We continually strive to create value for the communities in which we live and work. We understand the crucial role the community plays in shaping and influencing businesses. Our expertise works quietly in the background and positions you as the champion for your community. We know when you succeed, your community succeeds. To us, that is what matters most. PREVIOUS PROJECTS WITH INFUSION 40 15 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility Page 3 INFUSION ARCHITECTS | Estes Park Police Station epsgroupinc.com 301 N. Howes Street, Suite 100, Fort Collins, Colorado 80521 • 970.221.4158 Page 3 Commercial • Bucking Horse Veterinarian Clinic • Elevations Credit Union Headquarters • Mad Wire • 300 Mountain • Fort Collins Rescue Mission • Sunshine House Daycare • River of Life Church • Harmony Marketplace • All In One Harmony • Timberline Storage • Gallery Senior Living • MorningStar Senior Living • East Maintenance Facility • Timnath Middle/High School Multi-Family • Crowne at Suniga • Brick Stone Apartments on Harmony • Brookfield Second Replat at Morningside • Capstone Cottages at Lemay & Lincoln • The Savoy Multifamily • Willow Street Multifamily • The Standard Student Housing • City Center West Multifami Mixed-Use • Johnson Drive Apartments • The Linden Mixed Use • South Madison Apartments [Various Projects] Industrial • MCC Denver Terminal Revamp • Mountain Cement Railroad Terminal • Carr Pit • Pit 5J Single-Family Residential • Waterfield (4th Filing) • Country Club Reserve • Fox Grove (2nd Filing) • Landmark Residences on Mountain Avenue • Hammond (2nd Filing) • Heron Lakes (5th Filing, Bader Phase 2) • Hammond (5th Filing) • Sage Farms • Sage Meadows (1st and 2nd Filing) • Saddleback • Pike View Estates • City Center West Residential • Rocky Mountain Sports Park Master Planning • Mason Street Infrastructure • Gateway at Prospect • Rudolph Farms Master Plan • 47th Ave Improvement Parks & Recreation • Dovetail Park • Rocky Mountain Sports Park • Picklr RELEVANT PROJECTS Experience 11 total years of experience 10 years of experience at EPS Group Education Bachelor of Science, Civil Engineering, Colorado State University Registrations Professional Engineer Colorado, #59264 Blaine P. Mathisen, PE Project Manager Blaine Mathisen is a Project Manager at EPS Group, where he leads multidisciplinary teams delivering complex land development projects throughout Colorado’s Front Range. Since joining the firm through its merger with Northern Engineering, Blaine has played a key role in advancing projects from early planning through entitlement, design, and construction support for residential, commercial, mixed use, multi-family, industrial, and master-planned developments, as well as recreational and open space projects. Known for his ability to navigate challenging jurisdictional requirements, Blaine has successfully guided projects through approvals in Fort Collins, Loveland, Greeley, Aurora, Castle Rock, Denver, Golden, Lakewood, Wellington, Evans, Timnath, Evans, and Jefferson, Larimer, Weld, and Adams Counties. He currently manages a high-performing team of engineers and drafters, focusing on efficient delivery, practical design solutions, and responsive client service. With nearly a decade of experience across the Front Range, Blaine is committed to creating thoughtful, buildable solutions that strengthen the communities where people live and work. A Colorado native, he brings a deep understanding of local conditions and a genuine passion for shaping the future of the state’s communities. RESUMES EDUCATION B.S., Civil Engineering, Colorado State University Blaine is a Project Manager at EPS Group, where he leads multidisciplinary teams delivering complex land development projects throughout Colorado’s Front Range. Since joining the firm through its merger with Northern Engineering, Blaine has played a key role in advancing projects from early planning through entitlement, design, and construction support for municipal, commercial, mixed use, multi-family, industrial, and master-planned developments, as well as recreational and open space projects. Known for his ability to navigate challenging jurisdictional requirements, Blaine has successfully guided projects through approvals in more tahn 15 Colorado counties. A Colorado native with nearly a decade of experience across the Front Range, Blaine brings a deep understanding of local conditions and a genuine passion for creating thoughtful, buildable solutions that strengthen the communities where people live and work. BLAINE P. MATHISEN, PE PROJECT MANAGER | EPS GROUP REGISTRATIONS Professional Engineer – Colorado EDUCATION B.S., Civil Engineering, University of New Mexico Certified Public Manager, University of Colorado - Denver Page 5 INFUSION ARCHITECTS | Estes Park Police Station epsgroupinc.com 301 N. Howes Street, Suite 100, Fort Collins, Colorado 80521 • 970.221.4158 Page 5 RESUMES Bradley Curtis, PE, CPM, LEEP AP Senior Project Manager Brad is a Senior Project Manager with 30 years of experience, which includes ten years as a Public Works Director in local government. Brad’s expertise and capabilities provide oversight and guidance into the development, performance, and methodologies of various engineering management aspects requiring close collaboration with clients, consultants and industries. Brad is adept at managing private, public, and politically sensitive challenges using traditional and innovative methods by collaborating with various staff, organizations, and agencies. He has been responsible for the organization, review, and approval of multiple project assignments with various complexities to ensure compliance with codes, regulations, standards, and applications. Over the years, Brad has been involved in local, State, and Federal collaborative projects, with funding sources from CDOT, DOLA, and FEMA, which received APWA recognition. Experience 30 total years of experience 6 years of experience at EPS Group Education Bachelor of Science, Civil Engineering, University of New Mexico Certified Public Manager, University of Colorado-Denver Registrations Professional Engineer Colorado, #38674 FEMA ICS 100, 300, 400, 700, 800 LEED Accredited Professional Affiliations American Public Works Association American Society of Civil Engineers U.S. Green Building Council Tharen Helgerson, PLS Lead Survey Tharen is a Project Manager for EPS Group in the Survey Department with over 23 years of experience. He began his land surveying career in the Twin Cities Area in Minnesota, spent 16 years land surveying in Iowa before joining EPS Group. During his career, Tharen has performed all facets of survey work for boundary, topographic, construction, as-built, ALTA, municipal and specialized surveys. He has worked on numerous survey projects in several different states throughout his career including Colorado, Iowa, and Minnesota. Tharen is responsible for the preparation, organization, management and certification of plat, boundary and ALTA surveys and works closely with land development managers and clients to effectively meet their demands. Experience 23 total years of experience 3 years of experience at EPS Group Education Bachelor of Science Agricultural Systems and Technology – Systems Management Option, Iowa State University Registrations Professional Land Surveyor Minnesota, #45368 Iowa, #18530 Colorado, #38882 BRADLEY CURTIS, PE, CPM, LEED AP SENIOR PROJECT MANAGER | EPS GROUP Brad is a Senior Project Manager with 30 years of experience, which includes ten years as a Public Works Director in local government. Brad’s expertise and capabilities provide oversight and guidance into the development, performance, and methodologies of various engineering management aspects requiring close collaboration with clients, consultants and industries. Brad is adept at managing private, public, and politically sensitive challenges using traditional and innovative methods by collaborating with various staff, organizations, and agencies. He has been responsible for the organization, review, and approval of multiple project assignments with various complexities to ensure compliance with codes, regulations, standards, and applications. Over the years, Brad has been involved in local, State, and Federal collaborative projects, with funding sources from CDOT, DOLA, and FEMA, which received APWA recognition. REGISTRATIONS Professional Engineer – Colorado FEMA ICS 100, 300, 400, 700, 800 LEED Accredited Professional EDUCATION B.S., Civil Engineering, Montana State University REGISTRATIONS Professional Engineer – Colorado Page 4 INFUSION ARCHITECTS | Estes Park Police Station epsgroupinc.com 301 N. Howes Street, Suite 100, Fort Collins, Colorado 80521 • 970.221.4158 Page 4 RESUMES Mason Ruebel, PE Senior Project Engineer Mason Ruebel is Senior Project Engineer at EPS and has over a decade of experience supporting commercial, mixed-use, multi- family, and single-family residential projects across Colorado’s Front Range. Since joining the firm through its merger with Northern Engineering, he has contributed to a wide variety of projects spanning early planning, entitlement, design, and construction support. Mason has successfully supported projects through approvals in Fort Collins, Loveland, Timnath, Greeley, Berthoud, Aurora, Wellington, and Larimer and Weld Counties. As a senior project engineer, Mason provides technical design expertise across several areas including site grading, roadway design, storm drainage systems, and water and sanitary sewer infrastructure. Mason brings a practical, detailed-oriented approach and strong understanding of local development requirements to produce coordinated, constructible designs and solutions. Mason works closely with project managers, reviewing agencies and design teams to efficiently help advance projects through design review and approval. Mason is committed to creating practical, buildable designs that enhance the surrounding communities. His local experience and familiarity with the Front Range allow him to bring added value to projects across the region. Experience 10 total years of experience 10 years of experience at EPS Group Education Bachelor of Science, Civil Engineering, Montana State University Registrations Professional Engineer Colorado, #59380 Jennifer L. Googins, EIT Engineer in Training III Began her career as a transportation intern before spending nearly a decade in structural engineering designing residential and light commercial projects. From there, she spent nearly seven years designing electrical transmission and distribution substations, switchyards, and supporting infrastructure for the power grid, industrial, hydraulic, oil and gas, mining, and power plant facilities, with construction oversight on select projects. This multidisciplinary foundation led naturally into land development, where she has spent nearly the last decade delivering site planning, grading, roadway, and utility design for residential, commercial, industrial, mixed-use, multifamily, stormwater, and mining- related projects across multiple jurisdictions on both the Western and Eastern Slopes of Colorado. She briefly stepped away from land development to serve as a Civil 3D and AutoCAD Design Manager, developing leadership skills through mentoring and training team members while creating CAD standards and tools to improve consistency and efficiency. In mid-2025, she returned to land development with EPS Group, bringing a renewed commitment to engineering excellence and a broader understanding of how effective collaboration drives successful project delivery. Experience 29 years of experience 1 year of experience at EPS Group Education Bachelor of Science, Civil Engineering Technology, Metropolitan State University of Denver Registrations Engineer in Training, #67634 MASON RUEBEL, PE SENIOR PROJECT ENGINEER | EPS GROUP Mason Ruebel is a Senior Project Engineer at EPS with over a decade of experience on commercial, mixed-use, and residential projects throughout Colorado’s Front Range. Since joining EPS through its merger with Northern Engineering, he has supported projects from planning and entitlement through construction, providing expertise in grading, roadway design, drainage, and utility infrastructure. His strong knowledge of local requirements and practical approach help deliver coordinated, buildable designs. 16 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility EDUCATION B.S., Agricultural Systems and Technology - Systems Management Option, Iowa State University REGISTRATIONS Professional Land Surveyor – Minnesota, Iowa, Colorado Tharen is a Project Manager in the EPS Group Survey Department with over 23 years of land surveying experience. He began his career in the Twin Cities area of Minnesota and spent 16 years surveying in Iowa before joining EPS. His background includes boundary, topographic, construction, as-built, ALTA, and municipal surveys across Colorado, Iowa, and Minnesota. Tharen manages and certifies plat, boundary, and ALTA surveys, working closely with land development teams and clients to meet project needs efficiently. THAREN HELGERSON, PLS LEAD SURVEY | EPS GROUP Page 5 INFUSION ARCHITECTS | Estes Park Police Station epsgroupinc.com 301 N. Howes Street, Suite 100, Fort Collins, Colorado 80521 • 970.221.4158 Page 5 RESUMES Bradley Curtis, PE, CPM, LEEP APSenior Project ManagerBrad is a Senior Project Manager with 30 years of experience, which includes ten years as a Public Works Director in local government. Brad’s expertise and capabilities provide oversight and guidance into the development, performance, and methodologies of various engineering management aspects requiring close collaboration with clients, consultants and industries. Brad is adept at managing private, public, and politically sensitive challenges using traditional and innovative methods by collaborating with various staff, organizations, and agencies. He has been responsible for the organization, review, and approval of multiple project assignments with various complexities to ensure compliance with codes, regulations, standards, and applications. Over the years, Brad has been involved in local, State, and Federal collaborative projects, with funding sources from CDOT, DOLA, and FEMA, which received APWA recognition.Experience30 total years of experience 6 years of experience at EPS GroupEducationBachelor of Science, Civil Engineering, University of New MexicoCertified Public Manager, University of Colorado-DenverRegistrationsProfessional Engineer Colorado, #38674 FEMA ICS 100, 300, 400, 700, 800 LEED Accredited ProfessionalAffiliationsAmerican Public Works AssociationAmerican Society of Civil Engineers U.S. Green Building Council Tharen Helgerson, PLS Lead Survey Tharen is a Project Manager for EPS Group in the Survey Department with over 23 years of experience. He began his land surveying career in the Twin Cities Area in Minnesota, spent 16 years land surveying in Iowa before joining EPS Group. During his career, Tharen has performed all facets of survey work for boundary, topographic, construction, as-built, ALTA, municipal and specialized surveys. He has worked on numerous survey projects in several different states throughout his career including Colorado, Iowa, and Minnesota. Tharen is responsible for the preparation, organization, management and certification of plat, boundary and ALTA surveys and works closely with land development managers and clients to effectively meet their demands. Experience 23 total years of experience 3 years of experience at EPS Group Education Bachelor of Science Agricultural Systems and Technology – Systems Management Option, Iowa State University Registrations Professional Land Surveyor Minnesota, #45368 Iowa, #18530 Colorado, #38882 EDUCATION B.S., Landscape Architecture, Colorado State University REGISTRATIONS Licensed Landscape Architect – Colorado, Wyoming, Montana LEED AP BD+C Angela is a landscape architect and President of BHA Design. She has over thirty years of experience in the design of municipal facilities and streetscape projects, schools, hospitals, parks, and corporate campuses. As a LEED AP she has in-depth knowledge of sustainable site design techniques and has wide-ranging experience with high-performance design projects. Angela has frequently dealt with unique issues related to municipal facilities and often leads the stakeholder engagement process for public design projects. ANGELA MILEWSKI PRESIDENT | BHA DESIGN EDUCATION B.S., Landscape Architecture, Colorado State University Doug has been with BHA Design since 2016. Doug has a talent for graphic design, 3D modeling and design illustrations. He is an energetic and enthusiastic designer who believes in the power of place making. His ambitious chase for an outstanding product is sure to satisfy owner and user alike. Doug has the ability to illustrate design ideas 3-dimensionally using state of the art rendering software which enables clients and community to quickly understand the design ideas and concepts. “Love what you do, and you’ll never work a day in your life” is an idea he exhibits in both his passion and his projects. DOUG ELGAR DESIGNER | BHA DESIGN 17 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility EDUCATION B.S., Civil Engineering, Washington State University Zach’s responsibilities include project management and lead structural engineer. As a licensed engineer, Zach is proficient in analysis and design of timber, steel, concrete, and masonry structures. He also provides schematic design, design development, and final design calculations and drawings. Zach leads PEC’s sustainability efforts and was elected to be the Embodied Carbon Champion for PEC. His role as the Embodied Carbon Champion is to encourage all PEC engineers to think about sustainable design and to push colleagues into discussing sustainable design with clients. ZACK BOWDEN, PE PROJECT MANAGER | PEC REGISTRATIONS Professional Engineer – Colorado, Oregon, Washington EDUCATION B.S., Mechanical Engineering, Colorado State University Chad specializes in the design of HVAC and plumbing systems, contributing to projects from initial concept through construction administration. He plays a key role in multi-disciplinary coordination, ensuring seamless integration across all phases of design and delivery. His technical expertise includes HVAC load analysis, 2D and 3D system modeling, and building information modeling (BIM). Chad has provided design solutions for both new construction and renovation projects across a diverse range of facilities, including educational institutions, judicial and recreational buildings, industrial sites, offices, and commercial spaces. CHAD SCHILT, PE MECHANICAL ENGINEER | PEC REGISTRATIONS Professional Engineer – Colorado EDUCATION Bachelor of Architectural Engineering, Kansas State University As Team Lead, Sean’s responsibilities including leading and mentoring a team of design staff. Sean is also responsible for the design and construction administration of all types of projects including commercial, education, industrial and manufacturing facilities. His design experience includes electrical distribution systems, building and site lighting, building power, telecom/data and fire alarm systems. SEAN GERETY, PE ELECTRICAL ENGINEER | PEC REGISTRATIONS Professional Engineer – Colorado, Idaho, Kansas, Missouri EDUCATION B.S., Civil Engineering, Marquette University Jake provides structural analysis and design for concrete, masonry, steel, and wood systems, supporting projects from schematic design through construction administration. He delivers efficient, durable structural solutions for complex facilities with demanding schedules and performance requirements. Jake has experience on public-sector projects, including the design of a police station, where security, durability, and long-term serviceability were key considerations. His background in complex building types supports effective coordination with multidisciplinary teams and successful project delivery. JAKE HANSON, PE STRUCTURAL ENGINEER | PEC REGISTRATIONS Professional Engineer – Colorado, Wisconsin 18 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility EDUCATION Bachelor of Finance Upper Iowa University Ryan specializes in technology infrastructure design, security, and audio-visual systems and brings an extensive background and training in designing and installing electrical systems and equipment. He leads and mentors a team of technology engineers on various design projects, including hospitals and medical centers, commercial buildings, military bases, recreation facilities, parks, schools. Ryan brings real-world installation, contracting, and bidding experience to projects. RYAN VESTAL, RCDD TECHNOLOGY DESIGNER | PEC REGISTRATIONS Registered Communications Distribution Designer EDUCATION M.S., Construction Management - emphasis on Sustainability, Colorado State University B.S., Interior Design, Colorado State University REGISTRATIONS LEED AP Lean Six Sigma Green Belt Annie is a seasoned commercial interior design professional with over 24 years of extensive experience. Her expertise spans local, national, and international projects, where she has consistently delivered exceptional design solutions. Renowned for her skill in space planning and programming, Annie excels in crafting environments that balance aesthetic appeal with efficiency and functionality. With meticulous attention to detail and a profound understanding of end users’ needs, she brings a distinctive perspective to her design teams. Annie’s ability to harmonize the flow, efficiency, and purpose of spaces ensures the creation of environments that are both visually stunning and operationally optimized. ANNIE LILYBLADE, NCIDQ OWNER | SALT DESIGN EDUCATION B.S., Architecture, Lawrence Technological University REGISTRATIONS Michigan NCARB Certificate Holder Teffera serves as Infusion’s Public Safety QA/QC consultant, providing behind-the-scenes guidance to the design team throughout the project. Her nationally recognized expertise in law enforcement and public safety facility design ensures the facility meets the highest standards for operational efficiency, security, and long-term serviceability. Teffera’s deep familiarity with the unique demands of law enforcement architecture adds an important layer of specialized expertise, informing key design decisions while empowering the local team to lead with the community relationships and contextual knowledge that matter most in Estes Park. TEFFERA KOWALSKE PUBLIC SAFETY QA/QC CONSULTANT | REDSTONE ARCHITECTS 19 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 4. SCHEDULE & AVAILABILITY Infusion Architects Estes Park Police Facilities Design Schedule 06/15/2026 6/15/2026ff Meeting 6/15/2026 7/31/2026tic 7/01/2026 7/01/2026 8/03/2026 8/03/2026 8/03/2026 8/17/2026 8/17/2026 1/16/2026 0/01/2026 0/01/2026 1/16/2026 2/01/2026 2/01/2026 2/26/2027tion Documents 2/01/2026 2/01/2026 6/01/2027 6/30/2027tion Set 08/27/2026 1/27/2028 08/27/2026 8/27/2026ting 9/29/2026 8/27/2027 9/29/2026 3/01/2027tion and Extents Application 9/29/2026 2/28/2026 9/29/2026 2/28/2026tion 9/29/2026 2/28/2026 9/29/2026 1/28/2027ttal 0/28/2026 0/28/2026ting 2/29/2026 1/27/2027 1/27/2028 1/27/2028tion 9/29/2026 2/26/2027 9/29/2026 9/29/2026ttal 1 9/29/2026 0/27/2026 0/27/2026 2/01/2026ttal 2 2/01/2026 2/29/2026 2/29/2026 2/02/2027ttal 3 2/02/2027 3/02/2027 3/02/2027 3/02/2027 3/01/2027 6/28/2027 03/01/2027 9/08/2027 03/01/2027 3/01/2027ttal 1 3/01/2027 3/31/2027 4/01/2027 5/03/2027ttal 2 5/04/2027 6/03/2027 6/04/2027 7/06/2027ttal 3 7/07/2027 8/06/2027 8/09/2027 9/08/2027 4/01/2027 7/30/2027 8/02/2027 0/31/2028 1/01/2027 2/29/2028 3/01/2028 5/29/2029 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug SepTask name Start date End date DESIGN 06/15/2026 - 06/30/2027 Schematic O Design Development PLANNING Development permit Location and Extents Application Subdivision ROW Dedication Variance Submittal Submit PERMITTING Submi Revie Final … SPRING - COP FINANCING SPRING - CONSTRUCITON Today 06/15/2026 6/30/2027 6/15/2026 5/29/2029 REPRESENTATIVE MILESTONE SCHEDULE OUR TEAM’S AVAILABILITY Infusion Architects and our sub-consultants have reviewed the project schedule requirements outlined in the RFP and carefully assessed current workloads and resource capacity. We confirm that the necessary personnel will be available and dedicated to this project throughout all phases of work. Our team and our sub- consultants are ready, available, and committed to fulfilling the requirements of this project. Note: The schedule below is color-coded to show two potential construction starts – November 2026 and April 2027, depending on the COP.Infusion Architects Estes Park Police Facilities Design Schedule 06/15/2026 6/15/2026ff Meeting 6/15/2026 7/31/2026tic 7/01/2026 7/01/2026 8/03/2026 8/03/2026 8/03/2026 8/17/2026 8/17/2026 1/16/2026 0/01/2026 0/01/2026 1/16/2026 2/01/2026 2/01/2026 2/26/2027tion Documents 2/01/2026 2/01/2026 6/01/2027 6/30/2027tion Set 08/27/2026 1/27/2028 08/27/2026 8/27/2026ting 9/29/2026 8/27/2027 9/29/2026 3/01/2027tion and Extents Application 9/29/2026 2/28/2026 9/29/2026 2/28/2026tion 9/29/2026 2/28/2026 9/29/2026 1/28/2027ttal 0/28/2026 0/28/2026ting 2/29/2026 1/27/2027 1/27/2028 1/27/2028tion 9/29/2026 2/26/2027 9/29/2026 9/29/2026ttal 1 9/29/2026 0/27/2026 0/27/2026 2/01/2026ttal 2 2/01/2026 2/29/2026 2/29/2026 2/02/2027ttal 3 2/02/2027 3/02/2027 3/02/2027 3/02/2027 3/01/2027 6/28/2027 03/01/2027 9/08/2027 03/01/2027 3/01/2027ttal 1 3/01/2027 3/31/2027 4/01/2027 5/03/2027ttal 2 5/04/2027 6/03/2027 6/04/2027 7/06/2027ttal 3 7/07/2027 8/06/2027 8/09/2027 9/08/2027 4/01/2027 7/30/2027 8/02/2027 0/31/2028 1/01/2027 2/29/2028 3/01/2028 5/29/2029 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug SepTask name Start date End date DESIGN 06/15/2026 - 06/30/2027 Schematic Design Development … Issue PLANNING Development permit Location and Extents Application Subdivision ROW Dedication Variance Submittal aria Preliminary Plat … Final Plat PERMITTING Revie… Revie Final … SPRING - COP FINANCING SPRING - CONSTRUCITON FALL - COP FINANCING FALL - CONSTRU'CTION Today 06/15/2026 6/30/2027 6/15/2026 5/29/2029 20 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 5. EXHIBITS 36 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility IV. EXHIBITS E XHIBIT 1 – TOEP 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: Infusion Architects 4487 Highland Meadows Parkway Windsor, CO 80550 970-775-2925 Randell Johnson Principal in Charge April 8, 2026 Jeanna Whipple 21 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 37 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility E XHIBIT 2 – CONSULTANT’S PERSONNEL & SUBCONSULTANT LISTING Name Role Add lines as needed on back. Randell Johnson, AIA Melissa Lanning, AIA Brady Brown Professional Engineering Consultants BHA Designs EPS Group Salt Design Redstone Architects Interior Designs Public Safety QA/QC Facility Design & Project Manager Drafting Support & Graphic Design Community Engagement, Planning, & Landscape Design Engineer: MEP, Structural, & Technology Managing Principal / Architect of Record Civil Engineering / Traffic Engineering 22 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 38 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building E XHIBIT 3 – TOEP REFERENCE AUTHORIZATION & RELEASE F O RM (Proposer) 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. Town of Estes Park Infusion Architects 4487 Highland Meadows Parkway Windsor, CO 80550 Randell Johnson Principal in Charge 4/8/2026 23 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 6. EXPERIENCE & REFERENCES WINDSOR POLICE DEPARTMENT HEADQUARTERS WINDSOR, CO | 43,330 SQ FT | $23 MILLION Infusion Architects served as Architect of Record for Windsor’s landmark 43,330 SF police headquarters—completed in 2024 for the Town of Windsor. Designed to serve 52 sworn officers and 13 civilian staff, this full-service facility was delivered two months ahead of schedule and under budget, funded entirely through the Town’s Capital Improvement Fund with no new debt. The two-story building unifies every operational component of modern law enforcement: high-security evidence processing and storage, a dedicated dispatch center, administrative and detective offices, specialized training and fitness spaces, holding facilities, and comprehensive staff wellness amenities. The facility’s design reflects Windsor’s civic identity while meeting demanding performance standards for a rapidly growing Front Range community. This project directly demonstrates Infusion’s capability to lead complex, large-scale public safety design – from space needs programming through construction administration – on schedule, on budget, and to the highest operational standards. KEY PROGRAM SPACES • Administration, patrol & detective offices • Evidence processing, vaults & property room • Dispatch / communications center • Briefing room & in-service training • Open office & records management • Secure sally port & fleet vehicle storage • Holding suite & interview rooms • Multipurpose conference & task force room • Fitness, weight & boxing/training rooms • Locker rooms & staff amenities CONTRACTOR INFO FCI Constructors Justin Clark 970-535-4725 jclark@fciol.com COMPLETION DATE 2024 PROJECT DURATION 14 months OWNER’S CONTACT Town of Windsor Aaron Lopez Commander 970-402-9194 PROJECT TEAM MEMBERSPROJECT PARTNERS & ROLE BHA - Landscape / Planning Sanderson Stewart - Civil PEC - MEP/S Salt Design - Interior Design RedStone Architects - Public Safety 24 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility MEAD POLICE DEPARTMENT MEAD, CO | 19,470 SQ FT | $16 MILLION Through design, our team helped educate the Town about their site options as well as outlined how much space was needed based on their programming needs. The result is a 19,470 SF single-story headquarters located at 13662 Chaparral Street, adjacent to the Mead Valley Fire Station, at the corner of Weld County Road 7 and Chaparral Street. The design responds directly to the needs identified through an extensive programming process with Town staff and police leadership, delivering a fully functional facility that supports current operations while accommodating a planned 8,700 SF future expansion. Site design features secure perimeter fencing and controlled access, segregated public and secure parking, EV charging infrastructure, an emergency vehicle drive lane, and a vehicle sallyport for safe in-custody intake. CONTRACTOR INFO To Be Determined COMPLETION DATE In Design PROJECT DURATION In Design OWNER’S CONTACT Town of Mead Erika Rasmussen 970-805-4185 erasmussen@townofmead.org PROJECT TEAM MEMBERS PROJECT PARTNERS & ROLE Salt Design - Interior Design Sunny Civil - Civil BHA - Landscape Architecture G2 - MEP Raker Rhodes - Structural KEY PROGRAM SPACES • Public lobby & administration • Patrol operations & briefing room • Emergency Operations Center (EOC) • Training room & community meeting space • Secure sallyport & vehicle forensics bay • Detective bureau & crime lab • Holding cells & booking area • Secure evidence processing & storage • Armory, K9 & quartermaster storage • Locker rooms & staff wellness amenities I appreciate that the team brings real expertise from designing other stations. It’s helpful - they’ve seen what works.“ BRENT NEWBANKS CHIEF OF POLICE | TOWN OF MEAD “ 25 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility MOUNTAIN VIEW FIRE RESCUE ADMINISTRATION BUILDING NIWOT, CO | 37,000 SQ FT | $6 MILLION The Mountain View Fire Rescue (MVFR) team had outgrown their existing administrative office building and needed a new, facility for administrative staff and wanted to incorporate their training center into the same central location. Wanting a design firm that truly listened to their needs and designed around function, they selected Infusion Architects. MVFR had selected an existing industrial building into their new admin/training facility. The renovation consolidates leadership, training, and community functions into a single, efficient facility without expanding the building footprint, reusing the structure while completely rethinking how the interior supports a modern fire district. The first floor is planned as the public and training hub, with a large multipurpose/ board room, flexible classroom and training spaces, community storage, fitness center, locker rooms and showers, and a welcoming lobby and reception zone. Operational support spaces (EMS and sheriff offices, central receiving, IT, electrical, and a series of secure storage rooms) are strategically placed for easy access and controlled circulation. The second floor is dedicated to administration and daily leadership functions, with open and private offices for the Fire Chief, operations leadership, finance, prevention, life safety, education, and community outreach, supported by multiple conference rooms, huddle spaces, a flex training room, quiet room, break areas, and copy/support zones. Acoustically enhanced partitions, continuous sound batts over acoustic ceilings, and carefully detailed interior wall systems strengthen speech privacy and create a quieter working environment across the open and enclosed spaces. CONTRACTOR INFO Elder Construction Patrick Elder 970-775-7010 patrick@elderconstructioninc.com COMPLETION DATE 2025 PROJECT DURATION 10 months OWNER’S CONTACT Mountain View Fire Rescue Jeff Webb Deputy Chief 303-772-0710 PROJECT TEAM MEMBERSPROJECT PARTNERS & ROLE PEC - Civil Design, Structural / MEP Engineering Salt Design - Interior Design 26 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility WHITE LAKE TOWNSHIP, MI PUBLIC SAFETY BUILDING WHITE LAKE TOWNSHIP, MI | 45,000 SQ FT | $20 MILLION Redstone Architects was initially engaged in 2017 by White Lake Township, MI., to develop a study for the new Public Safety Building. The Public Safety Building, currently under construction, is part of the Township’s new Civic Center site, which is being developed in joint collaboration to include the Township Hall and Senior Center. The new facility includes Administrative suites for Police and Fire Departments, as well as 24/7 facilities for fire and police operations. The design includes Hot-Warm-Cold Zone separations to minimize fire fighter exposure to carcinogens. Police operations include patrol, detectives, records offices, a dispatch 911 call center, processing and holding cells, secure evidence storage, and a gun range. The project is currently in the Construction Phase. Completion is expected in the Fall of 2026. CONTRACTOR INFO McCarthy & Smith Aaron Phillips Project Manager 248-207-1908 COMPLETION DATE Fall 2026 PROJECT DURATION 18 Months Construction OWNER’S CONTACT Rik Kowall, Township Supervisor 248-698-1042 Dan Keller, Chief of Police 248-698-1042 John Holland, Fire Chief 248-698-3993 PROJECT PARTNERS & ROLE Peter Bass Associates - MEP Valdes - Civil Summers Associates - Security PROJECT TEAM MEMBERS 27 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility Sauk Prairie Police Department Warrington Ault Town Hall & Police Station Platteville Police Station Severence Police Station Clive Public Safety Facility DEMONSTRATED EXPERIENCE WITH POLICE STATION & PUBLIC SAFETY FACILITIES Infusion Architects, along with our team of highly capable sub-consultants, brings deep, demonstrated expertise in public safety and government facility design, with a proven track record of delivering projects that serve both the community and the staff who work within them. Our portfolio reflects the full depth and versatility of our firm and project architect, spanning a diverse range of building types, construction methodologies, and delivery methods, and highlights our ability to integrate complex program requirements with thoughtful design and precise technical execution. From navigating varied stakeholder priorities to coordinating across a wide range of materials and systems, our tenured team consistently brings quality, creativity, and leadership to every engagement. 28 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility 7. HOURLY RATE FEE SCHEDULE CONSULTANT / FIRM NAME (ROLE)BILLING RATE Randell Johnson, AIA (Managing Principal / Architect of Record)$195 per hour Melissa Lanning, AIA (Facilty Design & Project Manager)$150 per hour Brady Brown (Drafting Support & Graphic Design)$125 per hour PEC (Engineer - MEP, Structural, & Technology)$90 - $275 per hour BHA Designs (Community Engagement, Planning, & Landscape Design)$95 - $190 per hour EPS Group (Civil Engineering)$95 - $280 per hour Salt Design (Interior Designs)$110 - $140 per hour Redstone Architects (Public Safety QA/QC)$175 - $275 per hour INFUSIONARCHITECTS.COM WE APPRECIATE YOU TAKING THE TIME TO READ THROUGH OUR PROPOSAL. THANK YOU! Request for Qualifications & Proposals - Design Services for the Estes Park Public Safety Facility DESIGN SERVICES FEE PACKAGE 2 Town of Estes Park | RFQ / RFP - Design Services for the Estes Park Public Safety Facility Infusion Architects proposes a fixed fee of one million, four hundred sixty-five thousand, one hundred seventy dollars ($1,465,170) for the design of the Estes Park Public Safety Facility, based on the Scope of Work described in the RFQ/RFP — Design Services for the Estes Park Public Safety Facility. PROPOSED FEE ESTES PARK PUBLIC SAFETY FACILITY FEE PROPOSAL Building Scope (Arch., Interiors, MEPS, Technology)$1,227,005 Site and Civil Scope (Traffic, Survey / Plat, Landscape, Community Engagement)$238,165 Total Design Fee $1,465,170 ESTES PARK PUBLIC SAFETY FACILITY FEE BY PHASE % of Fee Part 1: Schematic Design 20%$293,034 Part 2: Design and Land Development 30%$439,551 Part 3: Final Design and Construction Documents 35%$512,810 Part 4: Construction Administration 15%$219,776 Total Fee $1,465,170 This fee covers the full design scope as outlined in the RFP and this proposal: BUILDING SCOPE — $1,227,005 1. Architecture 2. Interior Design, Signage & FF&E 3. Structural Engineering 4. Mechanical, Electrical, Plumbing & Fire Protection Engineering 5. Technology Systems SITE AND CIVIL SCOPE — $238,165 6. Civil Engineering 7. Traffic Engineering 8. Landscape Architecture & Irrigation 9. Community Engagement We are committed to delivering a facility that meets the EPPD’s long-term operational needs within the Town’s budget and schedule. This fee reflects that commitment — a complete, fully coordinated design team, ready to move the moment we receive Notice to Proceed. CONFIDENTIAL Infusion Architects | infusionarchitects.com June 4, 2026 Derek Pastor, PMP Project Manager, Internal Services Department Town of Estes Park 170 MacGregor Avenue, Room 100 Estes Park, CO 80517 dpastor@estes.org Re: Estes Park Public Safety Facility: Fee Proposal Follow-Up Dear Derek, On behalf of the Infusion Architects team, thank you for selecting us as your preferred firm for the Estes Park Public Safety Facility. We are honored by your confidence and take seriously the trust you are placing in us. We also appreciate your transparency about where our fee landed, and we welcome the opportunity to speak to it directly. A Team Built for This Project Our fee reflects a deliberate choice: we assembled a consultant team based on what this project demands, not on what would produce the lowest number. For a 30,000 SF public safety facility that must perform reliably for decades, that means: • Schedule certainty. Our engineering partners were selected in part because of their team depth. On a project with a firm funding timeline, you need consultants who won't become the bottleneck. Larger, more experienced teams absorb scope changes and keep documents moving. • Clash detection and coordination. We invested in consultants with proven BIM coordination and clash detection capabilities. On a facility with complex MEP, life safety, and security systems, catching conflicts in the model rather than in the field is where real cost savings happen. • Long-term building performance. The engineers we selected bring expertise in systems designed to last. A public safety facility isn't a building you want to be retrofitting in 15 years because the mechanical or electrical systems were underspecified at the start. Following the additional clarifications provided during the selection process, we went back to our consultants, refined scope, and identified $ 100,170 in savings we are pleased to pass along, bringing our revised total fee to $1,365,000. We did not achieve those savings by downgrading our team. They came from sharper scoping, exactly the kind of pre- design alignment that sets a project up for success. Infusion Architects | infusionarchitects.com The Bigger Risk Isn’t the Design Fee We want to offer a perspective we believe is critical as you weigh your options: construction cost overruns and schedule delays carry far greater financial risk to this project than the difference in design fees. Our team digs into how a building actually gets built, and contractors consistently commend us for the constructability of our drawings. That level of coordination and clarity prevents costly RFIs, change orders, and field conflicts that erode budgets during construction. Equally important is what happens after the drawings leave our office. Plus, Melissa is known for thorough and prompt communication throughout construction administration. That responsiveness keeps contractors moving, decisions made, and schedules on track. We believe selecting a construction-minded team, like Infusion, is one of the most effective investments the Town can make to protect this project from the risks that actually threaten budgets and timelines. We are proud of the team we have assembled and grateful for the opportunity to serve the Estes Park community. We look forward to finalizing the path forward together. Warm regards, Randell Johnson Principal Architect Infusion Architects Infusion Architects | infusionarchitects.com Scope Reduction and Assumptions: MEPS To achieve fee savings without reducing team quality, we have scoped MEPS consultant involvement during Schematic Design to focus on narrative support for the SD pricing exercise. This assumes minimal plan redesign once the engineers are fully engaged in Design Development. Infusion and Salt will lead plan iteration during early phases, allowing the engineering team to apply their full effort where coordination complexity is highest in DD and CD, where BIM coordination and clash detection deliver the greatest value. INTERIORS We have reduced the interiors fee by shifting the majority of client and team coordination to virtual meetings. This keeps our interior design work focused and efficient while maintaining the quality of deliverables. We are confident this approach works well for the current phase of the project and will flag proactively if in-person engagement becomes critical to decision-making. ARCHITECTURE Our architectural fee reduction reflects two targeted adjustments. First, we reduced Redstone's QAQC scope by limiting the number of formal reviews, electing to bring some initial QAQC reviews in-house. Second, we passed through a corresponding reduction in our consultant markup. These changes keep Infusion's core architectural services (formal documentation, meeting minutes, and community engagement support) fully intact while delivering meaningful savings. CIVIL We were not able to identify a responsible reduction to the Civil fee given the current scope assumptions and the risk of change orders if that scope shifts. We want to be straightforward about that rather than cut a number that doesn't hold. We would like to prioritize a focused Civil scope conversation during the kickoff meeting to confirm alignment with the Town's expectations and identify whether any adjustments to the fee are appropriate at that time. Please see the Civil fee and scope description on the following page. Infusion Architects | infusionarchitects.com Infusion Architects | infusionarchitects.com Reduced Fee Matrix: Building Scope (Arch. , Interiors, MEPS, Technology) 1,126,835$ Site and Civil Scope ( Traffic, Survey/ Plat, Landscape, Community Engagement)238,165$ Total Design Fee:1,365,000$ % of Fee Part 1: Schematic Design 20% 273,000$ Part 2: Design and Land Development 30% 409,500$ Part 3: Final Design and Construction Documents 35% 477,750$ Part 4: Construction Administration 15% 204,750$ Total Fee: 1,365,000$ ESTES PARK PUBLIC SAFETY FACILITY FEE PROPOSAL ESTES PARK PUBLIC SAFETY FACILITY FEE BY PHASE Project Title:Public Safety Facility Design Services Proposals Scoring Matrix Summary Contractor Firm Contractor Firm Score Rank Score Rank Score Rank Score Rank Score Rank 100 max 500 max alm2s Anderson Mason Dale Cairn Design CSHQA D2C Architects Hazel Architects Infusion Architects Wold Architects Evaluator #5 Top 3 highest for each evaluator Evaluator #1 Evaluator #2 Evaluator #3 Evaluator #4 Attachment 5 Project Title:Public Safety Facility Design Services Fee Proposal Evaluation Contractor Firm Fee Rank *Fee Rank *Contractor Firm Anderson Mason Dale D2C Architects Infusion Architects Exclusions in Total Fees above: Anderson Mason Dale Contractor Firm Infusion Architects *$1,365,000.00 #N/A Infusion Architects Part 4 - Construction Administration $219,776.00 Reimbursable expenses + $13,305, Permits, Cost estimating (+ $38,620), AV/IT/Security design (+85,000) ($136,925 total not included) No exclusions Cost estimating (+ $69,630), Reimbursable expenses + $40,000 ($109,630 total not included) (Parts 1-3) Total (Cumulative) $211,397.00 $481,920.00 $708,263.00 $571,210.00 Schematic Design Design and Land Development Final Design and Construction Documents $225,898.00 $335,036.00 $349,705.00 $206,012.00 $293,034.00 $439,551.00 $512,810.00 Schematic Design Design and Land Development Final Design and Construction Documents Part 4 - Construction Administration * Rankings based on fee proposal, qualifications, selections committee discussions $273,000.00 $409,500.00 $477,750.00 $204,750.00 (Parts 1-3) Total (Cumulative) Attachment 6 Request for Proposal for Design Services 8 April 2026 TOWN OF ESTES PARKPUBLIC SAFETY FACILITY Attachment 7 8 April 2026 Derek Pastor | Project Manager Town of Estes Park 170 MacGregor Ave., Estes Park, CO 80517 Submit via bidnet or e. dpastor@estes.org RE: Request for Qualifications | Proposals for Design Services for the Estes Park Public Safety Facility Dear Mr. Pastor and Members of the Selection Committee, The Town of Estes Park has an important opportunity ahead, creating a modern public safety facility that strengthens daily operations, supports staff, and reflects the character of the community it serves. D2C Architects (D2C) and our design team are excited to partner with you to deliver a facility that is operationally efficient, resilient, and thoughtfully integrated into Estes Park. This project builds upon significant planning and community investment to date. Our role is to take that strong foundation and advance it into a highly functional, buildable, and cost-conscious design. We understand that success will require balancing operational needs, stakeholder input, schedule, and budget, while delivering a facility that performs reliably for decades to come. D2C has assembled a collaborative, experienced team with deep expertise in public safety, Police Stations and Law Enforcement facilities throughout Colorado. We bring a proven approach grounded in listening first, understanding how your staff works, how spaces must perform, and how the facility will evolve. From dispatch and evidence to secure circulation and community interface, we focus on solutions that support real-world operations, safety, and long-term adaptability. Our approach aligns with the Town’s priorities: Operational Excellence & Safety - We design around how your team works. Through scenario testing and user engagement, we ensure adjacencies, workflows, and security strategies support efficient response and day-to-day functionality. Responsible Use of Public Funds - We are committed to being strong stewards of your budget. Our “design to budget” approach integrates real-time cost feedback and value-based decision-making to balance first cost with long-term operational efficiency and durability. Community & Stakeholder Engagement- Meaningful engagement is essential to project success. We work alongside Town staff to facilitate clear, inclusive outreach that builds understanding, gathers valuable input, and ensures the facility reflects the community it serves. Collaborative Delivery (CM/GC) - We embrace a collaborative process with the Town and the contractor, using early coordination, constructability input, and iterative cost validation to maintain the schedule, reduce risk, and support informed decision-making. This project represents a long-term investment in public safety for Estes Park. Our team is committed to being a trusted partner, bringing experience, responsiveness, and thoughtful design solutions that support your staff, your operations, and your community. We acknowledge receipt of addenda 1 and 2. We appreciate the opportunity to be considered. We look forward to the opportunity to discuss how we can support the Town of Estes Park in delivering this important project. Sincerely, Eric Combs, AIA, LEED AP Vice President | Project Executive 1212 S. Broadway, Ste. 250, Denver, CO 80210 d:303-929-9121 | ecombs@D2Carchitects.com www.D2Carchitects.com | 1212 South Broadway, Suite 250 | Denver, Colorado 80210 | 303.952.4802 1| COVER LETTER Northglenn Justice Center, includes the Northglenn Police Department, the City’s Municipal Court, a Crime Lab, short- term detention, a training center, community room, property evidence room and a museum. D2C was willing to work with us and assisted with cost control in such a booming market. We appreciated their local knowledge of markets, available skillsets and willingness to make themselves available to address our needs and concerns. ~ James S. May Jr., Chief of Police, Northglenn PD ““ 3CLIENT NAME | RFP SERVICES OR NUMBER: PROJECT NAME IN BOLD ADJUST SPACING TO FIT NICELY TABLE OF CONTENTS 1| COVER LETTER ......................................................................01 2| PROJECT APPROACH...............................................................04 3| KEY PERSONNEL & FIRM QUALIFICATIONS...............................08 4| SCHEDULE & AVAILABILITY.....................................................18 5| EXHIBITS..............................................................................19 6| EXPERIENCE & REFERENCES...................................................22 7| HOURLY RATE SCHEDULE........................................................27 8| COST PROPOSAL....................................................................SEPARATE SUBMISSION 4 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 2| PROJECT APPROACH Project Approach Narrative D2C approaches the Estes Park Public Safety Facility as more than a building; it is a critical investment in the Town’s safety, resilience, and long-term service capacity. This project represents the opportunity to transform prior planning efforts into a highly functional, durable, and community-supported facility that will serve staff, residents, and visitors for decades. We understand that the Town has already completed significant work in site selection, programming, and conceptual planning. Our role is to build upon that foundation, advancing the design in a thoughtful, disciplined manner that respects the established vision while refining the facility to support daily operations, long-term adaptability, and constructability. Its one thing to perform planning efforts. Its another to implement and apply technical aspects properly in a police station. IACP, CALEA and other regulations are imperative to every PD’s success. Our expertise with details and implementation will provide you the safety you deserve and the accreditation considerations you require. At its core, this project must balance operational performance, community expectations, environmental considerations, and fiscal responsibility. D2C leads a collaborative, relationship-based approach that integrates Town staff, stakeholders, and the CM/GC partner to ensure alignment from the outset and throughout the project’s life. Designing for Estes Park’s Mountain Environment Designing in Estes Park requires a response to unique environmental and operational conditions that directly influence building performance and site planning. These are not secondary considerations; they are fundamental drivers of the design. Our team understands the challenges associated with: Extreme weather conditions, including heavy snow loads, freeze-thaw cycles, and high-altitude climate impacts Wildfire risk and mitigation strategies, requiring defensible space planning, material selection, and emergency response considerations Floodplain and drainage considerations, ensuring site resilience and long-term durability Sensitive natural surroundings and wildlife impacts, requiring thoughtful site integration and environmental stewardship Altitude requires consideration generators and other sensitive equipment to properly function. These factors inform decisions related to building orientation, structural systems, enclosure design, material selection, and site layout. The result is a facility that is not only functional but also resilient, capable of maintaining operations during adverse conditions and minimizing long-term maintenance demands. 5TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY Equally important, the facility must reflect Estes Park’s character. The design will respond to the architectural context and community expectations, creating a building that feels appropriate to its setting while meeting the technical demands of a modern public safety facility. Operationally Driven Planning Public safety facilities are defined by how they function. Our approach begins with a clear understanding of how staff operate daily and how those operations evolve. Through user engagement and scenario-based planning, we evaluate: Staff workflows and adjacencies Secure vs. public circulation Evidence handling and chain of custody Dispatch and emergency operations functionality Future growth and flexibility We ask “how do you work?” - not just “what do you need?” This distinction allows us to design spaces that support efficiency, safety, and long-term adaptability, while being tailored to your workflow and operations.. The goal is a right-sized facility that eliminates inefficiencies, reduces unnecessary circulation, and supports clear, intuitive operations. Collaborative Process & Community Engagement The Town has identified community engagement as a critical component of this project, and we fully support that priority. D2C works closely with the Town to facilitate a structured, meaningful engagement process that: Fosters involvement and collaboration Builds understanding and transparency Gathers actionable input from stakeholders and the community Reinforces trust and support for the project. Internally, we collaborate with the Town’s Internal Planning Team, ensuring fluent communication, clear decision-making, and alignment at each phase. Externally, we support public outreach efforts that reflect the importance of this facility to the broader community. Design to Budget & CM/GC Integration Responsible use of public funds is central to our approach. We implement a design-to-budget methodology that integrates cost feedback throughout the design process, allowing informed decisions to be made in real time. Working within a CM/GC delivery model, we: Coordinate early with the contractor for constructability input. Validate cost assumptions at each phase. Identify long-lead items and procurement strategies. Incorporate value-based solutions without compromising performance. This approach minimizes risk, supports schedule adherence, and ensures the project remains aligned with available funding. Sustainability & Long-Term Performance The Town has expressed interest in energy-efficient strategies and renewable energy opportunities. Our approach focuses on practical, high-impact solutions that balance sustainability with operational and fiscal responsibility, including: Energy-efficient building systems and envelope design Evaluation of solar and renewable energy readiness Daylighting and occupant comfort Durable, low-maintenance materials appropriate for mountain climates The goal is not to simply incorporate sustainable features, but to deliver a facility that performs efficiently over its entire lifecycle. A Facility that Serves Its Community Ultimately, this facility must support both those who work within it and the community it serves. Public- facing spaces will be designed to feel approachable, intuitive, and calming, recognizing that visitors may be in stressful situations. At the same time, the facility must support recruitment, retention, and staff well-being, providing safe, functional, and supportive environments for those who serve Estes Park every day. A Clear Path Forward D2C’s approach is grounded in collaboration, technical expertise, and a deep understanding of public safety operations. By building upon the Town’s prior efforts and integrating stakeholder input, environmental considerations, and cost discipline, we will deliver a facility that is: Operationally efficient Resilient to mountain conditions Financially responsible Reflective of the Estes Park community 6 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY KEY DELIVERABLES• Schematic Design Package• Preliminary Code and Accessibility Analysis Site Plan• Floor Plan(s)• Building Massing Diagrams• Preliminary Elevations• Cost Estimate MEETINGS• Schematic Workshop / Charrette• Community Engagement• Schematic Design Presentation• Scenario Testing with IPT• Development Plan Review• Authorization to Proceed ADDITIONAL TASKS• Design to the Town’s and PD’s Goals and Vision• CALEA, IACP, etc. implementation• Code Evaluation and Compliance Documentation• Interior and Exterior Architectural Character and Circulation• Secure Interior Layouts• Ballistic Analysis and Location Identification• Engineering Coordination• Parking Requirements• Traffic Patterns and Access• Quality Assurance / Quality Control Review• ADA Requirements• DAG Coordination, Review and Approvals KEY DELIVERABLES• Construction Documents Package • Code Plan and Analysis• Site Plan• Final Floor Plan(s)• Exterior and Interior Elevations• Sections and Details• Schedules• Cost Estimate• Building Department / Fire and other AHJ Submittals MEETINGS• Scenario Testing with IPT • Construction Document Presentation (90%)• Construction Document Presentation (100%)• Town Board Meeting• Authorization to Proceed ADDITIONAL TASKS• Technical Design and Documents• Specification• Design Team Coordination• Submit to Town Building Department• Building Department Permit• 100% Construction Documents• Quality Assurance / Quality Control Review • Identify Bid Alternates and Documentation • Constructability Review by CM/GC• Final GMP KEY DELIVERABLES• Design Development Package• Update Code and Accessibility Analysis Site• Site Plan• Refined and Advanced Floor Plan(s)• Exterior Elevations• Preliminary Finishes Selection• Cost Estimate• Land Use / Planning / Zoning Submittal MEETINGS• Meet with Permit Authority• DAG Coordination, Review and Approvals• Design Presentation to IPT and Community Development• Community Engagement• Authorization to Proceed ADDITIONAL TASKS• Design and Documentation• Finalize Design and Materials• Final Circulation and Parking Analysis• Rapid Deployment Flow• Specifications• Design Team Coordination• Land Use/Development Plan Submittal• Quality Assurance / Quality Control Review • Identify Bid Alternates and Documentation • Value Engineering Based on Cost Reconciliation• Constructability Review by CM/GC KEY DELIVERABLES• Construction Schedule Review• Product Submittal Review, Comment and Approval• Change Order Review, Approval/ Denial/Modification• Prompt responses to RFIs• Facilitation of Design Interpretations and Modifications• Oversight of Design Adjustments and Clarifications to maintain intent• Payment Application Review and Processing• Project Close Out Assistance / Support MEETINGS• Regular Site Observation Attendance• Final Walk Through, Punch Lists Building and Site ADDITIONAL TASKS• FF&E Installation Oversight• Inspection and Approval of Materials• Change Order Review - Approval/ Denial/Modification• Project Closeout Support KEY OUTCOMES • Getting To Know You, Your Operations, and Your Needs • Collaborative Partnership • Scope Confirmation / Validation • Align Goals and Objectives • Understand Challenges and Opportunities • Define Needs and Requirements MEETINGS • Kick-Off Meeting • Key Stakeholders Interaction • Walk Site ADDITIONAL TASKS • Review of Existing Documents • Quantitative and Qualitative Interactive Program Validation • Define Needs and Requirements • Site Reconnaissance / Existing Conditions / Data Collection/ Utility Research / Traffic Review • Site Planning • Parking Requirements The approach narrative sets the foundation for our approach, illustrated in the following diagram, which outlines how we will guide the project from kickoff through construction and occupancy. 11 2 3 4INITIAL KICK-OFF SCHEMATIC DESIGN FINAL DESIGN AND CONSTRUCTION DOCUMENTS CONSTRUCTION OBSERVATION DESIGN AND LAND DEVELOPMENT QUALITY ASSURANCE/ QUALITY CONTROL THROUGHOUT COMMUNITY ENGAGEMENT 7TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY www.D2CARCHITECTS.com 1580 LINCOLN STREET, SUITE 1110, DENVER, COLORADO 80203 p: 800.592.9572 | 303.952.4802 ESTES PARK PUBLIC SERVICE BUILDINGESTES PARK, COLORADO 04.08.2026 202604 A1a D2C will collaborate closely with the Town of Estes Park, the Police Department, user groups, and the full design team to deliver a facility that supports daily operations, staff wellness, and long-term adaptability. Our team understands that public safety facilities must perform first, supporting critical response functions, ensuring safety, and accommodating future growth. We work alongside Town staff and end users to ensure the design reflects real operational needs. Our approach prioritizes human-centered, operations-driven design, ensuring circulation, adjacencies, and workflows are intuitive, efficient, and resilient, resulting in a facility that is secure, adaptable, and aligned with the Town’s long-term goals. Our initial review of the concept plans identified opportunities to strengthen functionality, security, and staff experience Key Planning Enhancements Improved Staff Entry Visibility & Security: Relocated the staff entrance to a more visible and controlled position on the north, enhancing security and access. Adjacent restrooms and wellness spaces support daily staff use. Refined Public Entry Experience: Adjusted the front stair and elevator core to create a more intuitive public entry sequence. Public restrooms are relocated off the main lobby to improve privacy while allowing space for a defined identity element such as a logo wall. Enhanced Staff Support & Functionality: Added a single-user restroom near the staff entrance for quick access during daily operations and shift changes. Secure and Efficient Evidence Processing: Reconfigured property and evidence areas to include an evidence supervisor and dedicated rooms for weapons, high-value items, and controlled substances, improving organization, security, and chain-of-custody. Access to Natural Light & Workplace Quality: Relocated Sheriff and Co-Responder offices to exterior walls for natural light, with interior glazing extending light into bullpen areas to improve the staff environment. Strengthened Secure Entry Sequence: Enlarged the sallyport vestibule to create a more controlled and secure transition into the building, improving safety and control during detainee intake. Improved Detective Operations: Reconfigured the detective unit to provide direct access to interview rooms, enhancing workflow, privacy, and security. These planning refinements reflect our commitment to delivering a facility that is secure, efficient, and responsive to the Town’s operational needs. 2| PROJECT APPROACH | DIFFERENTIATING CHARACTERISTICS www.D2CARCHITECTS.com 1580 LINCOLN STREET, SUITE 1110, DENVER, COLORADO 80203 p: 800.592.9572 | 303.952.4802 ESTES PARK PUBLIC SERVICE BUILDING ESTES PARK, COLORADO 04.08.2026 202604 A1a 0'5'-4"10'-8"21'-4" KEY MOVES:- MOVED STAFF ENTRANCE FROM WEST CONCEALEDLOCATION TO A MORE VISIBLE, SECURE LOCATION ON THENORTH. MOVED BATHROOMS AND WELLNESS TO BEADJACENT.- PUSHED FRONT STAIR/ELEV CORE BACK TO A LESSPROMINANT POSITION ON THE FACADE- MOVED FRONT BATHROOMS OFF DIRECT ACCESS FROMLOBBY TO MORE MODEST HALLWAY ACCESS, MAKING ROOMFOR A LOGO WALL- MOVED SINGLE BATHROOM TO WEST STAFF ENTRANCE FOREASY ACCESS - RECONFIGURED PROPERTY ROOM TO INCLUDE EVIDENCESUPERVISOR AS WELL AS PRIVATE ROOMS FOR WEAPONS,HIGH VALUE AND DRUGS - MOVED SHERIFF AND CO-RESPONDER OFFICES TO WESTWALL SO THAT THEY HAVE NATURAL LIGHT, MOVED BRIEFINGROOM TO INTERIOR. ADDED GLAZING BETWEEN PRIVATE OFFICES AND BULL PEN SO THAT BULLPEN HAS NATURALLIGHT- ENLARGED SALLYPORT VESTIBLE TO CREATE MORECONTROLLED, SECURE ENTRY INTO BUILDING.- RECONFIGURED DETECTIVES SO THAT THEY HAVE DIRECTACCESS TO INTERVIEW ROOMS LOBBY VESTIBULE RECORDS LOST & FOUND DETECTIVESERGEANT DETECTIVES CRIMELAB ST O R A G E INTERVIEW SOFT INTERVIEW REPORT HALL STAFFENTRY ELEC MECH HALL JANITOR QUARTERMASTER ARMORY SALLYPORT SE C U R E V E H I C L E EV I D E N C E S T O R A G E INTAKE VESTIBULE JAN/ STORAGE HOLDING COMMANDDESK CELL #3 CELL #2CELL #1 PROPERTY WELLNESS TOILET TOILET DATA CLOSET HALL EVIDENCEPREP SHERIFF CO-RESPONDER FLOAT OFFICE TOILET TOILET MA I L B O X E S BULLPEN ROAD PATROLSERGEANT BRIEFINGROOM STORAGE STAIRS HUB ZONE DT STORAGE FURN STORAGE EOC STORAGE RJ MANAGERRJ CORD. WORK AREA / FLEX SPACE TOILET CONFERENCE VESTIBULE ELEVATOR STAIRS TRAINING ROOM CUFF BENCH CU F F B E N C H LO C K E R S ROAD PATROLSERGEANT MEDIA WALL TOILET JUV HOLD EVIDENCESUPERVISOR WEAPONS HIGHVALUE DRUGS LOGO WALL TOILET www.D2CARCHITECTS.com 1580 LINCOLN STREET, SUITE 1110, DENVER, COLORADO 80203 p: 800.592.9572 | 303.952.4802 ESTES PARK PUBLIC SERVICE BUILDING ESTES PARK, COLORADO 04.08.2026 202604 A2a CONCEPT ELEVATION NORTH POSSIBLE ELEVATION NORTH BY D2C CONCEPT ELEVATION SOUTH POSSIBLE ELEVATION SOUTH BY D2C CONCEPT ELEVATION SOUTHONCEPT ELEVATION SOUTHCONCEPT ELEVATION SOUTH www.D2CARCHITECTS.com 1580 LINCOLN STREET, SUITE 1110, DENVER, COLORADO 80203 p: 800.592.9572 | 303.952.4802 ESTES PARK PUBLIC SERVICE BUILDING ESTES PARK, COLORADO 04.08.2026 202604 A2a CONCEPT ELEVATION NORTH POSSIBLE ELEVATION NORTH BY D2C CONCEPT ELEVATION SOUTH POSSIBLE ELEVATION SOUTH BY D2C CONCEPT ELEVATION SOUTH www.D2CARCHITECTS.com 1580 LINCOLN STREET, SUITE 1110, DENVER, COLORADO 80203 p: 800.592.9572 | 303.952.4802 ESTES PARK PUBLIC SERVICE BUILDING ESTES PARK, COLORADO 04.08.2026 202604 A2a www.D2CARCHITECTS.com 1580 LINCOLN STREET, SUITE 1110, DENVER, COLORADO 80203 p: 800.592.9572 | 303.952.4802 ESTES PARK PUBLIC SERVICE BUILDING ESTES PARK, COLORADO 04.08.2026 202604 A2a Copywrite D2C Architects - all ideas depicted are the intellectual property of D2C Architects. 8 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 3| KEY PERSONNEL & FIRM QUALIFICATIONS EFFECTIVE FUNCTIONAL INTEGRATION As the prime consultant and contract holder with the Town of Estes Park, D2C Architects will lead the project team. We will ensure seamless integration of our subconsultants through methodical management, including scheduling, team meetings, QA/QC checks, and budget reviews. Open, consistent communication and detailed coordination will be central to our process. We will engage the Town of Estes Park, Project Manager, Estes PD leadership, additional Town Departments (as needed), stakeholders, and the project design team to drive the project to a successful outcome. CIVIL ENGINEERS Professional Engineering Consultants (PEC) Kent Bruxvoort, P.E. | Principal-In-Charge Nick Raley, P.E. | Civil Project Manager LANDSCAPE ARCHITECTS Norris Design Stacey Weaks, PLA, CLARB, QWELL, LEED AP STRUCTURAL ENGINEERS Corbel Engineering Cory Myrtle, P.E., S.E., LEED AP MECHANICAL, ELECTRICAL, PLUMBING ENGINEERING, AUDIO AND TECHNOLOGY ME Engineers Joe Debell | Lead Mechanical Leonard F. Gurule, P.E. | Electrical Lead Matthew Shinault | Technology Lead COST ESTIMATING Cumming Group Lucas Stover PROJECT EXECUTIVE Eric Combs, AIA, LEED AP ARCHITECT OF RECORD Brian Duggan, AIA, NCARB, CDT PROJECT MANAGER | DAY TO DAY CONTACT Michael Schauble, NCARB d. 616-914-5159 | o. 303-952-4802 ext. 824 mschauble@D2Carchitects.com PRODUCTION MANAGER Renée Railsback, Assoc. AIA QUALITY ASSURANCE / QUALITY CONTROL Lucy Van Dusen, RA CAD | BIM TECH | PRODUCTION SUPPORT Anthony Gaglia; Jason Geving; Reagan Gullett Kathy Salcido; Whitney Newell CONSULTANT TEAM CONSTRUCTION MANAGER/ GENERAL CONTRACTOR 9TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY EDUCATION: Arizona State University, Tempe Bachelor of Science in Design, Architectural Studies, Magna Cum Laude CERTIFICATIONS: Registered Architect: Colorado LEED Accredited Professional (US Green Building Council) AFFILIATIONS: American Institute of Architects (AIA) Member American Public Works Association, (APWA) Member ERIC COMBS, AIA, LEED AP PROJECT EXECUTIVE BIOGRAPHY: Eric’s career spans more than 20 years in programming, planning, design leadership, and construction administration for civic, transportation, and operations-focused public facilities. His experience includes transit centers, fleet and operations facilities, and public-sector buildings where safety, durability / lifecycle value, and long-term operational performance are central to success. ROLE AND RESPONSIBILITY: As the architectural Project Executive, Eric provides senior leadership, client coordination, and quality oversight for the architectural scope. While the Lead Architect will manage day-to- day design production, Eric’s role is to ensure the project remains aligned with Town of Estes’ operational objectives, stakeholder expectations, and overall project performance goals. PROJECT EXECUTIVE EXPERIENCE: Commerce City Police Station, CO (with PEC, Corbel, ME Engineers, Cumming) - A new 38,270 SF police substation, and municipal court. The police station includes a lobby, police administration, patrol operations, and support services. The municipal court has a lobby, screening, a municipal courtroom, court administration, and jury services. The program includes a dispatch center, anticipated to be built after the new facility is operational, and shell space for a municipal court expansion. Edgewater Civic Center and Police Headquarters, CO - Programming, community-based design process and development of bridging documents for a 50,000 SF mixed-activity building including: police department, court room, administrative offices, city hall, council chambers, library, locker rooms, fitness center, and public spaces. Evans Police Station, CO (with Corbel) - Planning, design and construction for a new 41,000 SF police operations building to accommodate population and staffing growth for 20 years. Hudson Town Hall and Police Department, CO - Professional architectural design services for the renovation of spaces in the existing facility. Hudson Public Safety Campus, CO - A new joint campus to include a 28,490 Sf police dept. and court facility, and a 25,623 SF fire dept. Johnstown Police Department Renovation and Expansion, Johnstown, CO (with PEC, Corbel, ME Engineers) - Worked closely with the Town to identify spatial needs and assess how those solutions can be accommodated in the existing PD and campus. The outcome was an expansion and renovation including administrative offices, booking, evidence rooms, training room, victim services, sally ports, investigations, patrol rooms, secure detention, and a records room. Johnstown Development Services, Johnstown, CO (with Corbel) - Design and construction of a new, 2-story, 7,762 SF Development Services Building to house the Town of Johnstown Planning & Engineering Departments. The project primary consists of administrative office function and spaces, offices, conference rooms,break area, restrooms and ancillary/supporting spaces. Northglenn Police Department Justice Center, CO (with Norris) - New 47,600 SF state-of-the-art Police Department, Justice Center and Municipal Courts. Town of Frederick’s Police Department, Town Hall, and Courts facilities, Frederick, CO - Needs assessment, planning, programming and site assessment to determine a joint location to consolidate services and make daily functions more efficient. 10 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY EDUCATION: University of Tennessee, Knoxville Bachelor of Architecture, Cum Laude University of Oregon, Portland Studio CERTIFICATIONS: Registered Architect: Colorado, Wyoming (C-2810 issue date 6/2013) National Council of Architectural Registration Boards (NCARB) AFFILIATIONS: American Institute of Architects (AIA) Member American Public Works Association, (APWA) Member BRIAN DUGGAN, AIA, NCARB, CDT PROJECT ARCHITECT OF RECORD BIOGRAPHY: Brian’s design philosophy is to integrate the client’s needs with the community’s demands while ensuring the authenticity of the project. His devotion to linking available funds to operational requirements ensures a carefully thought out solution that results in a feasible and efficient community facility for all. This design philosophy is what separates D2C Architects from our competition. ROLE AND RESPONSIBILITY: Brian, as the Architect of Record, holds a pivotal role in steering the project planning and design towards its objectives and design vision. His responsibilities encompass leading the design process, ensuring the project aligns with its goals, and maintaining the integrity of the design. Brian’s role involves close collaboration with various stakeholders, including Estes Park’s user groups, and the consultant team, ensuring a fully integrated approach. ARCHITECT OF RECORD EXPERIENCE: Aurora Police Department District Headquarters Renovations, Aurora CO - D2C completed the Aurora Police Headquarters remodel Aurora Police Department’s Tactical Training Support Building, Aurora, CO (with Corbel)- Design services for two new pre-engineered metal buildings including offices, classrooms, gun-smithing workshop, secure storage, and a kitchenette. Commerce City Police Station, CO (with PEC, Corbel, ME Engineers, Cumming) - A new 38,270 SF police substation, and municipal court. The police station includes a lobby, police administration, patrol operations, and support services. The municipal court has a lobby, screening, a municipal courtroom, court administration, and jury services. This project had extensive community engagement. Edgewater Civic Center, CO - Extensive community outreach was part of this programming, community-based design process and development of bridging documents for a 50,000 SF mixed-activity building including: police department, court room, administrative offices, city hall, council chambers, library, locker rooms, fitness center, and public meeting rooms all connected by a shared atrium museum / gathering space. The team completed extensive public outreach on this project. El Paso County, Falcon Sheriff’s Substation, Falcon CO (with Norris Design, Cumming) - A new 11,180 SF Sheriff’s substation including secure and public access. Spaces include: concealed handgun permits, records, patrol, investigations, internal affairs, a community meeting room, as well as space for the Clerk and Recorder, Treasurer and Assessor. Erie Police Department Expansion, Erie, CO (with PEC, Corbel, ME Engineers) - Program refinement, validation, design through construction observation services for a 32,000 SF expansion and 18,000 SF remodel of the existing police department. Northglenn Police Department Justice Center, CO (with Norris) - A successful community outreach program was put in place through the entire process for this new 47,600 SF state-of-the-art Police Department, Justice Center and Municipal Courts. Thornton Police Training Facility, Thornton, CO (with Norris Design, Cumming) - The new 17,269 SF facility sits next to a community of houses, a successful outreach program was created to keep the neighbors apprised of progress and address concerns.. The facility contains two state-of-the-art simulation rooms, two flexible training classrooms that can be combined into one space, K-9 training yard, skills pad for vehicular training, two fitness rooms and locker rooms. The safety of the community, and those who serve it, is at the forefront of the design of this facility. 11TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY BIOGRAPHY: Michael is skilled in space planning, programming, design, and facility management. He specializes in municipal projects, creating functional spaces that enhance daily operations and provide public works and law enforcement agencies with the resources they need to effectively serve their communities. Michael is known for his strong work ethic, attention to detail, and client-focused approach, he is passionate about delivering thoughtful, efficient solutions that improve workflow and support the user needs. ROLE AND RESPONSIBILITIES: As your Project Manager, Michael will be actively involved in the day-to-day activity. He is responsible for leading and accomplishing the project objectives, and quality constraints. He will plan, execute, and close out your project while ensuring that your defined desires, goals, and expectations are met and carried through the various design and construction stages. By funneling all primary day-to-day contact through Andrew, we can ensure that the project continually benefits through a single voice to build clarity and confidence while streamlining the distribution of accurate information to all involved. MICHAEL SCHAUBLE, NCARB PROJECT MANAGER | DAY TO DAY CONTACT EDUCATION: Ferris State University, Bachelor of Architecture and Sustainability, Minor in Facilities Management University of Colorado - Denver, Master of Architecture AFFILIATIONS: National Council of Registration Boards, Member 814155 YEARS OF EXPERIENCE: 11 PUBLICATION: 5280 Architect Magazine Mark Magazine, d’a no.250 PROJECT OR PRODUCTION MANAGER EXPERIENCE: Commerce City Police Station, CO (with PEC, Corbel, ME Engineers, Cumming) - A new 38,270 SF police substation, and municipal court. The police station includes a lobby, police administration, patrol operations, and support services. The municipal court has a lobby, screening, a municipal courtroom, court administration, and jury services. The program includes a dispatch center, anticipated to be built after the new facility is operational, and shell space for a municipal court expansion. El Paso County, Falcon Sheriff’s Substation, Falcon CO (with Norris Design, Cumming) - A new 11,180 SF Sheriff’s substation including secure and public access. Spaces include: concealed handgun permits, records, patrol, investigations, internal affairs, a community meeting room, as well as space for the Clerk and Recorder, Treasurer and Assessor. Erie Police Department Expansion, Erie, CO (with PEC, Corbel, ME Engineers) - Program refinement, validation, design through construction observation services for a 32,000 SF expansion and 18,000 SF remodel of the existing police department. Michael worked with the Evans Police Station, Evans, CO (with Corbel, PEC, ME Engineers)- Michael worked with the City and PD on a successful community outreach program. Planning, design and construction for a new 36,000 SF police operations building to accommodate population and staffing growth for 20 years. Following completion of the new police building the team will renovate the vacated 9,000 SF police portion of the Evans Community Complex to better accommodate the City Administration services. Grand County EMS Headquarters, Granby, CO (with ME Engineers, Norris, Cumming) - Needs assessment, planning, programming, design through construction for a new 23,900 SF headquarters to house ambulances, emergency response vehicles, and staff. Hudson Public Safety Campus, Hudson, CO - A new joint campus to include a 28,490 SF police department, and court facility, as well as a 25,623 SF fire department. Town of Winter Park Police Department and Administration Services, Winter Park CO - Needs assessment and options to relocate their police department. 12 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY RENÉE RAILSBACK, ASSOC. AIA RODUCTION MANAGER BIOGRAPHY: Renée is a meticulous and multifaceted designer who excels in planning, BIM modeling, and 3D visualization. She is an award-winning leader and innovator celebrated for her expertise in relationship building, outreach, and program development; leveraging partnerships to foster creative problem-solving. Praised by staff and clients for her exceptional organization and Revit software proficiency, Renée brings a thoughtful approach to architectural planning, prioritizing health, wellness, and safety for user groups while staying mindful of budget considerations. ROLE AND RESPONSIBILITIES: Renee will work collaboratively with the Town, Police Department, and the full design team to guide the project’s early vision into the documentation for long-term success. She will be responsible for leading the production efforts including: clear documentation of the objectives, the building requirements, managing the deliverables relative to time, scope and quality. Renee will provide documentation oversight through the project defined desires, goals, and expectations are met and carried through design and construction. PRODUCTION MANAGER EXPERIENCE: Grand County EMS Headquarters, Granby, CO (with ME Engineers, Norris, Cumming) - Needs assessment, planning, programming, design through construction for a new 23,900 SF headquarters to house emergency response vehicles, and staff. Grand County EMS Satellite Station, Fraser, CO (with ME Engineers, Norris, Cumming) - New 2 story satellite station’s primary function is to provide housing for field crews and on-call staff, as well as shop space for emergency response vehicles. Greeley F Street, CO – A new 30-50 acre administration and maintenance campus to accommodate current and future growth for the City’s Public Works, Water & Sewer, Culture, Parks, and Recreation Departments. Johnstown Police Department Renovation and Expansion, Johnstown, CO (with PEC, Corbel, ME Engineers) - Worked closely with the Town to identify spatial needs and assess how those solutions can be accommodated in the existing PD and campus. The project included administration, storage and vehicle storage. South Metro Fire Rescue, Fire Training Assessment, Centennial, CO - Renee conducted programming, planning, and conceptual studies, including an evaluation of two current facilities and a detailed needs analysis for a fire training campus. St. Vrain Sanitation District, Frederick, CO - (with PEC, Corbel, Norris, Kemp) - Planning, design and construction services for a new 10,081 SF administration office to house a board room, training room, lunch/ breakroom, customer service area and a 10,560 SF maintenance facility. Superior Operations and Maintenance Facility, Superior, CO (with Corbel) - A new 10,208 SF facility to join Public Works, Utilities and Parks, Recreation and Open Space departments into one building. The effort includes planning through construction for a new pre-engineered metal building to provide office space, storage, shops, vehicle bays, a wash bay, additional site parking, and bulk materials storage. Winter Park Police, Fraser, CO - Advancing conceptual design to develop a best-in-class, operations facility that will meet the needs of their growing community. Yampa Fire Protection District, Yampa, CO - Assessing current fire station facilities and planning for future needs creating a fire station feasibility and facilities studies. EDUCATION: University of Colorado Denver Master of Architecture, Planning and Design University of Colorado, Boulder Master of Science Structural Engineering, Mechanics of Materials Worcester Polytechnic Institute Bachelor of Science Civil Engineering CERTIFICATIONS: Public Works Institute Graduate, American Public Works Association CAD Certificate, Revit Certificate Instructor Development Program Certificate, National Highway Institute YEARS OF EXPERIENCE: 24 Dedicated To Public Works User Groups AFFILIATIONS: American Public Works Association (APWA) – CO Chapter Alternate Delegate to National APWA American Institute of Building Designers (AIBD) - Member American Institute of Architects (AIA) - Member 13TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY LUCY VAN DUSEN, RA QUALITY ASSURANCE/CONTROL MANAGER TECHNICAL ARCHITECT BIOGRAPHY: Lucy brings 28 years of architectural experience and an exceptional eye for detail to her role as D2C’s Quality Assurance and Quality Control Manager. She is deeply committed to mentoring teams and fostering a culture of precision and accountability across all phases of design and documentation. Lucy’s approach centers on clarity, constructability, and collaboration. She guides teams to produce thorough, coordinated, and buildable documents that reflect D2C’s high standards of excellence. Her technical expertise, combined with a passion for mentoring, ensures that each project benefits from both her experience and her dedication to helping others grow in their craft. ROLE AND RESPONSIBILITY: Lucy will provide QA/QC reviews of the architectural and engineering documents. She will focus her QA/QC reviews on clear and concise architectural plans, centered on the concept of how the construction processes works, coupled with sustainable values. Lucy reviews the team’s documentation at each key milestone.EDUCATION: University of Colorado, Denver, Masters of Architecture University di Roma La Sapienza. Rome, Italy, Temple Hoyne Buell Scholarship to study abroad University of Notre Dame. Southbend, IN, Bachelor of Architecture of Studio Art CERTIFICATIONS: Registered Architect: Colorado - 00306358 YEARS OF EXPERIENCE: 28 QUALITY ASSURANCE/QUALITY CONTROL EXPERIENCE: El Paso County, Falcon Sheriff’s Substation, Falcon CO (with Norris Design) - A new 11,180 SF Sheriff’s substation including secure and public access. Spaces include: concealed handgun permits, records, patrol, investigations, internal affairs, a community meeting room, as well as space for the Clerk and Recorder, Treasurer and Assessor. Erie Police Department Expansion, Erie, CO (with PEC, Corbel, ME Engineers) - Program refinement, validation, design through construction observation services for a 32,000 SF expansion and 18,000 SF remodel of the existing police department. Evans Police Station, Evans, CO (with Corbel, PEC, ME Engineers)- Planning, design and construction for a new 36,000 SF police operations building to accommodate population and staffing growth for 20 years. Following completion of the new police building the team will renovate the vacated 9,000 SF police portion of the Evans Community Complex to better accommodate the City Administration services. Grand County EMS Headquarters, Granby, CO (with ME Engineers, Norris, Cumming) - Needs assessment, planning, programming, design through construction for a new 23,900 SF headquarters to house emergency response vehicles, and staff. Grand County EMS Satellite Station, Fraser, CO (with ME Engineers, Norris, Cumming) - New 2 story satellite station’s primary function is to provide housing for field crews and on-call staff, as well as shop space for emergency response vehicles. Steamboat Springs Public Works, Steamboat Springs, CO - (with Corbel, Kemp) - QA/QC for the design of a new facility to house Facilities & Energy Management, Public Works, Streets/Fleet, and Water and Sewer Utilities. Summit County Transit Headquarters, Frisco, CO (with Kemp) - QA/ QC for a new 71,425 SF Transit Headquarters facility includes: office space for administration, operations, supervisors, management, housing for employees, space for a bus stop maintenance crew and related parks/ rec style equipment, space for a bus wash/detail crew, vehicle fluid storage and heated parking for the transit fleet. Teller County Service Center, Divide, CO (with Corbel) - New 20,000 SF municipal facility to serve as a one-stop shop for streamlined essential county services. 14 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY EDUCATION: Colorado State University Master of Science, Civil Engineering / Hydraulics Colorado State University Master of Science, Administration, Finance Colorado State University Bachelor of Science, Civil Engineering CERTIFICATIONS: Registered Engineer: Colorado, New Mexico, Wyoming AFFILIATIONS: City of Fort Collins, Planning and Zoning Commission, 2025 YEARS OF EXPERIENCE: 35 CIVIL ENGINEERING EXPERIENCE: Commerce City Police Station, CO (with D2C, Corbel, ME Engineers) - A new 38,270 SF police substation, organized by department for both police and municipal court. The police station includes a lobby, police administration, patrol operations, and support services. The municipal court has a lobby, screening, a municipal courtroom, court administration, and jury services. Erie Police Department Expansion, Erie, CO (with D2C, Corbel, ME Engineers) - Program refinement, validation, design through construction observation services for a 32,000 SF expansion and 18,000 SF remodel of the existing police department. Evans Police Station, CO (with D2C, Corbel, ME Engineers) - Planning, design and construction for a new 36,000 SF police operations building to accommodate population and staffing growth for 20 years. Following completion of the new police building the team will renovate the vacated 9,000 SF police portion of the Evans Community Complex to better accommodate the City Administration services. City of Fort Collins Municipal Court Renovation, CO (with D2C, Corbel, ME Engineers)- A 25,000 SF interior renovation to the existing municipal court and a 5,000 SF courtroom addition to accommodate the growing needs of the community. Greeley City Hall and City Center North Redesign, Greeley, CO (with D2C, Corbel) - 22,000 SF remodels to two existing and occupied government buildings. The project goals are to improve intra- departmental efficiencies, and increase staff connectivity and create a welcoming environment for the public. Johnstown Police Department, CO (with D2C, Corbel, ME Engineers) - The renovated facility includes secure detention, administrative offices, booking, evidence rooms, training room, victim services, sally ports, investigations, patrol rooms, and records room. Keensburg Community Center, CO (with D2C) - Project manager of design for a 8,300 SF renovation to turn a 1923 high school into a community center. St. Vrain Sanitation District, Frederick, CO (with D2C, Corbel, Norris, ) Planning, design and construction services for a new 10,081 SF administration office to house a board room, training room, lunch/ breakroom, customer service area and a 10,560 SF maintenance facility. KENTON J. BRUXVOORT, P.E. CIVIL ENGINEER | PRINCIPAL IN CHARGE BIOGRAPHY: Kent is responsible for municipal, public safety, public works and general civil engineering services including construction management, stormwater drainage studies and design, street design, design of water and sanitary sewer systems and grading plans. ROLE AND RESPONSIBILITIES: As Principal-in-Charge, Kent provides overall leadership and strategic oversight for the civil engineering scope, working with the Town, stakeholders, and regulatory agencies to define land use and site development goals aligned with the project vision. He brings deep knowledge of municipal codes, entitlement processes, and approval pathways, guiding the team through key decision points and regulatory requirements. Kent focuses on high-level coordination, QA/QC, and proactive problem-solving, ensuring site planning strategies, including grading, drainage, utilities, and stormwater systems, are cohesive, compliant, and support both immediate project needs and long-term campus objectives. 15TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY STACEY WEAKS, PLA, CLARB, QWELL, LEED AP | LANDSCAPE ARCHITECT BIOGRAPHY: Stacey is a planner and landscape architect with 25 years of experience and a diverse background activating the public realm through community planning and design. He successfully leads project teams and partnerships with local urisdictions, creating solutions for complex projects that meet the needs of all stakeholders. Stacey is experienced in the facilitation of building public onsensus for land use, transportation and recreational planning and design. He brings enthusiasm, a fresh perspective and a balance between strategic planning and innovative design solutions to every project. ROLE AND RESPONSIBILITY: Stacey will work closely with the architectural and engineering teams to integrate site planning, grading, and planting strategies that enhance both function and aesthetics. He will focus on resilient, low-maintenance landscape solutions suited to Colorado’s climate and elevation, emphasizing species that thrive with minimal water and seasonal care. His involvement includes community engagement and supports cohesive site design that complements the architecture and strengthens the project’s environmental performance. EDUCATION: Colorado State University Bachelor of Science, Landscape Architecture CERTIFICATIONS: Registered Landscape Architect: Arizona #41539; California #5739; CLARB #1948; Colorado #609; Idaho #16914; Indiana #21300009; Montana #12441; Nevada #970; New Jersey #5001233; New Mexico #490; North Carolina Ohio #1008; Pennsylvania #003276; Tennessee #1147; Texas #2729 ;Wyoming #0163C LEED® Accredited Professional Qualified Water Efficient Landscaper (QWEL) Certified, #SMWSA-4828 CERTIFICATIONS: American Society of Landscape Architects (ASLA) Community Design Professional Practice Network (PPN) Co-Chair, 2019-Current National Recreation & Parks Association 2012 – Present Urban Land Institute 2006 – Present Council of Landscape Architectural Registration Boards (CLARB) 1999 – Present YEARS OF EXPERIENCE: 25 LANDSCAPE ARCHITECT EXPERIENCE: El Paso County Falcon Substation,Falcon, CO (with D2C) Fort Collins Poudre Fire Authority, On-Call, Fort Collins, CO (with D2C, PEC, Corbel) Greeley Public Works, On-Call, Greeley, CO (with D2C, Corbel, PEC) St. Vrain Sanitation District Administrative Building, (with D2C, PEC, Corbel, Kemp) Frederick, CO Adams County South Maintenance Facility, Thornton, CO Colorado Department of Transportation (CDOT) Headquarters Rezone & Public Outreach, Denver, CO City & County of Denver Landscape Architectural Planning, Design & Related Consulting Services On-call, Denver, CO City of Cottonwood Parks & Recreation aster Plan, Cottonwood, AZ City of Cottonwood Riverfront Park Master Plan, Cottonwood, AZ City of Glendale Fee & Revenue Study, Glendale, AZ City of Peoria Community Services Master Plan, Peoria, AZ City of Tucson Development Impact Fee Study, Tucson, AZ City of Tucson Downtown Streetscape Plan,Tucson, AZ City of Tucson Plan Tucson Public Workshop Contributor, Tucson, AZ City of Tucson Streetcar Streetscape Planning, Tucson, AZ Crestmoor Park Trail & Picnic Area Renovation, Denver, CO Green Valley Ranch Shared Facilities Complex, Denver, CO Harvard Gulch West Trail Renovation, Denver, CO Jacome Plaza Master Plan, Tucson, AZ Morenci Day Care Center, Morenci, AZ Morenci Town Center, Morenci, AZ Pinal County Courthouse, Florence, AZ Sahuarita Square, Sahuarita, AZ Town of Marana Development Impact Fee Study, AZ Town of Oro Valley Design Guidelines Working Committee, AZ 16 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY JOE DEBELL LEAD MECHANICAL EDUCATION: Metropolitan State College, Denver, B.S., Mechanical Engineering PROFESSIONAL ORGANIZATIONS ASHRAE: American Society of Heating, Refrigeration and Air Conditioning Engineers ASME: American Society of Mechanical Engineers YEARS OF EXPERIENCE: 20 ROLE AND RESPONSIBILITIES: Joe’s responsibility is to ensure that occupants of the Station are comfortable while yielding a healthy environment (air quality, etc.). This includes providing sustainable and energy efficient solutions that reduce facility operation and maintenance costs while yielding durable and long lasting solutions. MECHANICAL EXPERIENCE: Commerce City Police Station, CO (with D2C, PEC, Corbel) - A new 38,270 SF police substation Erie Police Dept. Expansion, Erie, CO (with D2C, PEC, Corbell) - A 32,000 SF expansion and 18,000 SF remodel . Evans Police Station, CO (with D2C, PEC, Corbel) - A new 36,000 SF police operations building. Johnstown Police Department, CO (with D2C, PEC, Corbel) - Expansion and renovation to an operational police facility. City of Fort Collins Municipal Court Renovation, CO (with D2C, PEC, Corbel) - Community engagement. efforts for this 25,000 SF interior renovation and 5,000 SF addition. Grand County EMS Headquarters and Satellite Station with Police, Granby & Fraser, CO (with D2C, Norris, Cumming) - Two new EMS stations including a headquarters facility, and a shared satellite station with EMS and police. CORY MYRTLE, P.E., S.E., LEED AP STRUCTURAL MANAGING ENGINEER EDUCATION: University of Colorado, B.S. Architectural Engineering CERTIFICATIONS: Registered Engineer: CO, KS, NE, UT, WA, WY LEED Accredited Professional (US Green Building Council) AFFILIATIONS: Structural Engineers Association of CO American Society of Civil Engineers Realities for Children, Member YEARS OF EXPERIENCE: 18 ROLE AND RESPONSIBILITY: Cory’s responsibilities include project management to monitor and maintain project quality and accuracy, structural design and analysis, modeling, structural calculations, and contract document production. He will ensure not only code requirements are met but that life safety and stability are realized. STRUCTURAL ENGINEERING EXPERIENCE: Aurora Police Department’s Tactical Training Support Building, Aurora, CO (with D2C) - Design services for two new pre-engineered metal buildings including offices, classrooms, gun-smithing workshop, secure storage, and a kitchenette. City of Fort Collins Municipal Court Renovation, CO (with D2C, PEC, ME Engineers) - Community engagement. efforts for this 25,000 SF interior renovation and 5,000 SF addition to the existing municipal courts. Commerce City Police Station, CO (with D2C, PEC, ME Engineers) - A new 38,270 SF police substation Evans Police Station, CO (with D2C, PEC, ME Engineers) - A new 36,000 SF police operations building. Johnstown Police Department, CO (with D2C, PEC, ME Engineers) - Expansion and renovation to an operational police facility. Severance Police Facility, CO - Renovation and addition to include private offices, workstations, secure records room, interrogation room, holding cells, lobby, locker rooms, weight room and training facility, sally port and secure public access. 17TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY LEONARD F. GURULE, PE ELECTRICAL LEAD EDUCATION: Bachelor of Science, Engineering, Colorado School of Mines, Golden, CO CERTIFICATIONS: Registered Professional Engineer in Colorado (38874), Arizona, California, Illinois, Nebraska, Wyoming YEARS OF EXPERIENCE: 28 ROLE AND RESPONSIBILITIES: Leonard will lead the electrical design from concept through construction documents and will oversee construction administration. He will coordinate with the design team and owner throughout the project. ELECTRICAL EXPERIENCE: Evans Police Station, CO (with D2C, PEC, Corbel) - A new 36,000 SF police operations buildin Johnstown Police Department, CO (with D2C, PEC, Corbel) - Expansion and renovation to an operational police facility. City of Fort Collins Municipal Court Renovation, CO (with D2C, PEC, Corbel) - A 25,000 SF interior renovation and 5,000 SF addition to the existing municipal courts. Grand County EMS Headquarters and Satellite Station with Police, Granby & Fraser, CO (with D2C, Norris, Cumming) - Two new EMS stations including a headquarters facility, and a shared satellite station with EMS and police. Douglas County Justice Center MATTHEW SHINAULT TECHNOLOGY LEAD EDUCATION: Aims Community College CERTIFICATIONS: PSP (Physical Security Professional) YEARS OF EXPERIENCE: 10 ROLE AND RESPONSIBILITIES: Matthew's responsibilities include managing the technology design from schematics through construction documents and construction administration. TECHNOLOGY LEAD EXPERIENCE: Erie Police Dept. Expansion, Erie, CO (with D2C, PEC, Corbell) - A 32,000 SF expansion and 18,000 SF remodel of the existing police department. Evans Police Station, CO (with D2C, PEC, Corbel) - A new 36,000 SF police operations building. Allen Police Headquarters, Allen, CO Burleson Police Station Expansion, Burleson, TX McLennan County Courts, Waco, TX Yampa Valley Regional Airport Expansion Phase 1, Steamboat Springs, CO High Plains Library, Greeley, CO - Active in community engagement. Gunnison Watershed School District Capital Improvements, Gunnison, CO LUCAS STOVER COST ESTIMATOR EDUCATION: CA Polytechnic State University, San Luis Obispo, Bachelor of Science, Civil Engineering YEARS OF EXPERIENCE: 11 Role / Responsibilities: Lucas will provide cost estimates based on the final scope of work to assist in educating the design process and budget requirements. His focus on your project with one goal: assist Loveland in managing the cost. Experience: • Thornton Police Facility, CO (with D2C, Norris Design) - A new 17,269 SF Thornton Police Administration and Training Facility combines aspects of physical, mental, and technological training for the modern officer. • Town of Winter Park Police Department and Administration Services, CO (with D2C) - Needs assessment and options to relocate. • Grand County EMS Headquarters, Granby, CO (with D2C, Norris, ME) - Cost Opinion for a new 23,900 SF headquarters to house administration services and storage. 18 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 4| SCHEDULE & AVAILABILITY The graphic schedule below illustrates the D2C team’s anticipated approach from project kickoff through construction and occupancy, aligned with the Town’s desired timeline. 2026 2027 TASK MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR 2027 - AUG 2027 SEP 2027 - AUG 2028 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 12-14 MONTHS 11 MONTHS EXECUTE & FINALIZE AGREEMENT NOTICE TO PROCEED JUNE. 10 - 12TH INITIAL KICK-OFF DESIGN TEAM INFORMATION GATHERING COMMUNITY OUTREACH STEP 1 - SCHEMATIC DESIGN QUALITY ASSURANCE / QUALITY CONTROL STEP 2 - DESIGN AND LAND DEVELOPMENT STEP 3- FINAL DESIGN AND CONSTRUCTION DOCUMENTS STEP 4 - CONSTRUCTION OBSERVATION SD COMPLETE • AUG. 2026 CONSTRUCTION KICK OFF • Depends on Funding CD COMPLETE • JAN. 2027 13 WEEKS 9 WEEKS 7 WEEKS 2 WKS DD COMPLETE • OCT. 2026 Owner Review, Meetings and Approval Period Key Project Milestones / Kick-off / Completion Owner/Team Meetings 12- 14 MONTHS 4| SCHEDULE & AVAILABILITY D2C Architects and our consultant team are fully available and prepared to meet the proposed project schedule. We understand that elements of the timeline may be influenced by grant funding and associated approvals, and our team is structured to remain flexible and responsive to those variables. We are committed to maintaining momentum throughout the design process and will work closely with the Town and project partners to align progress with funding milestones while minimizing impacts to overall schedule. Internal Planning Team review meetings Town Board Meetings Community Development Plan Review Community engagement and Public Presentation Submittals and Pre- Mobilization Efforts 19TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 20262027 TASKMAYJUNJULAUGSEPOCTNOVDECJANFEBMARAPR 2027 - AUG 2027 SEP 2027 - AUG 2028 341234123412341234123412341234512341234123412-14 MONTHS11 MONTHS EXECUTE & FINALIZE AGREEMENT NOTICE TO PROCEED JUNE. 10 - 12TH INITIAL KICK-OFF DESIGN TEAM INFORMATION GATHERING COMMUNITY OUTREACH STEP 1 - SCHEMATIC DESIGN QUALITY ASSURANCE / QUALITY CONTROL STEP 2 - DESIGN AND LAND DEVELOPMENT STEP 3- FINAL DESIGN AND CONSTRUCTION DOCUMENTS STEP 4 - CONSTRUCTION OBSERVATION 5| EXHIBITS 36 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility IV. EXHIBITS E XHIBIT 1 – TOEP 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: D2C Architects, Inc. 1212 South Broadway, Suite 250 Denver, CO 80210 April 7, 2026 Eric Combs, AIA, LEED AP o. 303-952-4802 x805 d. 303-929-9121 Project Executive / Vice President Brian T. Duggan, AIA, NCABR, CDT Key Project Milestones / Kick-off / Completion Owner/Team Meetings Internal Planning Team review meetings Town Board Meetings Community Development Plan Review Community engagement and Public Presentation 20 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 37 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Public Safety facility E XHIBIT 2 – CONSULTANT’S PERSONNEL & SUBCONSULTANT LISTING Name Role Add lines as needed on back. D2C ARCHITECTS | PRIME Eric Combs, AIA, LEED AP Brian Duggan, AIA, NCARB, CDT Michael Schauble, NCARB Renée Railsback, Assoc. AIA Lucy Van Dusen, RA Elvin Santiago Miguel Mora Jason Geving, RA Reagan Gullett Kathy Salcido Whitney Newell SUBCONSULTANTS Professional Engineering Consultants (PEC) Kent Bruxvoort, P.E. | Nick Raley, P.E. Norris Design Stacey Weaks, PLA Corbel Engineering Cory Myrtle, P.E., S.E., LEED AP ME Engineers Joe Debell Leonard F. Gurule, P.E. Matthew Shinault Cumming Group Lucas Stover Project Executive Architect of Record / Design Architect Project Manager Production Manager Quality Assurance/Quality Control Manager Interior Design BIM | Production Support Job Captain | Production Support Designer | Production Support Designer | Production Support Interior Design | Production Support Civil Engineers Principal-In-Charge Civil Project Manager Landscape Architects Landscape Architect/Designer Structural Engineers Structural Managing Engineer Mechanical, Electrical, Plumbing Engineering, Audio and Technology Lead Mechanical Electrical Lead Technology Lead Cost Opinion Cost Management | Director 21TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 38 RFQ/RFP – Design and Engineering Services | 2026 Estes Park Police Department Building E XHIBIT 3 – TOEP REFERENCE AUTHORIZATION & RELEASE F O RM (Proposer) 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. D2C Architects, Inc. 1212 South Broadway, Suite 250, Denver, CO 80210 Eric Combs, AIA, LEED AP Project Executive / Vice President April 7, 2026 Town of Estes Park 22 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 6| EXPERIENCE & REFERENCES CITY OF NORTHGLENNJUSTICE CENTER The City of Northglenn’s new 2-story, 47,600 SF Justice Center is designed to meet the needs of the community for the next 100 years. The state-of-the-art landmark facility incorporates best practices in safety and civic design principles such as community integration, technological adoption, workplace innovation and stress reduction. The facility creates a welcoming, community-centered atmosphere, while still providing occupant safety. The City had begun programming on this publicly funded project years earlier, it was imperative to have a public outreach program early in the process and throughout the project to involve the neighboring communities to minimize the impact of construction and subsequent operations on the surrounding neighborhoods. PROJECT STATS: SIZE: 47,600 SF CONSTRUCTION COST:$20,500,000 COMPLETION DATE: 09/2018 PROJECT TEAM: Eric Combs (D2C) - Executive Brian Duggan (D2C) - Architect Landscape (Norris Design) CHARACTERISTICS SIMILAR TO ESTES: Law Enforcement Facility Program validation process that identified 10% of missing key space Successful active community engagement Aligned with the character of the neighboring community Multiple stakeholders to work with CM/GC delivery process Secure and public assess Energy efficient building with innovative and sustainable CITY OF COMMERCE CITYPOLICE SUBSTATION A new 38,270 SF police substation is organized by department for both police and municipal court. The police station includes a lobby, police administration, patrol operations, and support services. The municipal court has a lobby, screening, a municipal courtroom, court administration, and jury services. The program also includes a dispatch center, anticipated to be built after the new facility is operational, as well as a shell space and a municipal court expansion. PROJECT STATS: SIZE: 38,758 SF CONSTRUCTION COST: $36,592,859 COMPLETION DATE: 12/2026 PROJECT TEAM: Eric Combs (D2C) - Executive Brian Duggan (D2C) - Architect Michael Schauble (D2C) - Project Manager Civil (PEC) Structural (Corbel) Geotechnical (Kumar) CHARACTERISTICS SIMILAR TO ESTES: Law Enforcement Facility Successful, active community engagement Aligned with the character of the neighboring community Multiple stakeholders to work with CM/GC delivery process Campus setting with multiple functions on one site Planning and user group meetings to determine the best use of the space 23TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY The new 17,269 SF Thornton Police Training Facility combines aspects of physical, mental, and technological training for the modern officer. The facility contains a shoot house, two state-of-the-art simulation rooms, two flexible training classrooms that can be combined into one space, K-9 training yard, skills pad for vehicular training, two fitness rooms and locker rooms. Innovation in technology and architectural design will assist upcoming cadets. The two scenario rooms will provide situations catered towards hands-on, critical thinking, that will assist the new and seasoned officers in the field. PROJECT STATS: SIZE: 17,269 SF CONSTRUCTION COST: $16,557,399 COMPLETION DATE: 11/2022 PROJECT TEAM: Eric Combs (D2C) - Executive Brian Duggan (D2C) - Architect Landscape (Norris Design) CHARACTERISTICS SIMILAR TO ESTES: Law Enforcement Facility Successful, active community engagement Extensive Site Evaluation Aligned with the character of the neighboring community Secure Public/Private Entrances Classroom/Training Rooms Fitness and Locker Rooms Defensive Tactics CITY OF THORNTONPOLICE TRAININGCITY OF EVANSPOLICE STATION D2C is providing the City of Evans and the Evans Police Department planning, design and construction observation services. The new facility will be a stand-alone structure which will meet or exceed established industry best practices for a public safety building. The new facility will include: Administration, Patrol, Evidence Storage, Investigations and community space. Following completion of the new police building, city administration will expand into the 9,000 SF space vacated by the Police Department at the Evans Community Complex. PROJECT STATS: SIZE: 32,000 SF Police Station 9,000 SF Renovation of Vacated Police CONSTRUCTION COST: $20,000,000 COMPLETION DATE: 11/2026 PROJECT TEAM: Eric Combs (D2C) - Executive Brian Duggan (D2C) - Architect Michael Schauble (D2C) - Project Manager Civil (PEC) Structural (Corbel) Geotechnical (Kumar) CHARACTERISTICS SIMILAR TO ESTES: Law Enforcement Facility Program validation process Aligned with the character of the neighboring community Tight site combined with City Hall CM/GC delivery process Sustainable design Phased design process 24 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY EL PASO COUNTYSHERIFF STATION The goal of this project is to design and construct a new 11,180 SF new Sheriff’s Office and Substation to service the Northeastern part of unincorporated El Paso County. The facility will service concealed handgun permits, records, patrol, investigations, internal affairs, a community meeting room, clerk and recorder, treasurer and assessor’s offices. The new facility is designed to conform and compliment the Fire Station located on the east of the shared site. PROJECT STATS: SIZE: 11,180 SF CONSTRUCTION COST: $8,000,000 COMPLETION DATE: 09/2026 PROJECT TEAM: Eric Combs, AIA, LEED AP (D2C) Brian Duggan, AIA, NCARB, CDT (D2C) Michael Schauble (D2C) Kristy Butchko (D2C) Structural (Corbel) Landscape (Norris Design) CHARACTERISTICS SIMILAR TO ESTES: Law Enforcement Facility Tight site with safety, line of sight and other operational factors to consider. Municipal/government client Multiple user groups to accommodate Planning and user group meetings to determine the best use of the space Flexibility for future growth TOWN OF ERIEPOLICE STATION Located at the boundary of Boulder and Weld Counties, the police department had outgrown its original space, prompting a 32,000 SF expansion. The design prioritizes the department’s functional needs while integrating the original structure, resulting in a bright, open, and cohesive workspace. With numerous intersecting spaces throughout the building, the layout fosters interdepartmental collaboration, promoting a dynamic environment where teamwork and camaraderie can thrive, reflecting the daily operations of Erie PD. PROJECT STATS: SIZE: 32,000 SF EXPANSION CONSTRUCTION COST: $38,600,000 COMPLETION DATE: 07/2027 (est.) PROJECT TEAM: Eric Combs, AIA, LEED AP (D2C) Brian Duggan, AIA, NCARB, CDT (D2C) Michael Schauble (D2C) Civil (PEC) Structural (Corbel) Landscape (RVi) CHARACTERISTICS SIMILAR TO ESTES: Law Enforcement Facility Municipal/government client Initial Programming, Conceptual Design and cost definition for Town budget confirmations CM/GC delivery process Campus setting with multiple functions on one site Secure and public assess Multiple concept design options 25TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY TOWN OF HUDSONPUBLIC SAFETY CAMPUS D2C assisted the Town of Hudson with a phased approach to address immediate operational deficiencies while planning for long-term public safety needs. The initial phase focused on evaluating existing space utilization and implementing targeted renovations to the existing Town Hall facility to better accommodate Police and administrative functions that were no longer adequately supported by the building. Concurrent with these near-term improvements, D2C worked with Town leadership to conduct a comprehensive needs assessment and develop a long-range vision for a consolidated Public Safety Campus to support Police, Courts, and Fire operations. This effort included stakeholder interviews, space programming, adjacency studies, graphic layout concepts, and evaluation of site and campus organization options to support future growth. PROJECT STATS: SIZE: 28,490 SF CONSTRUCTION COST: $25,000,000 COMPLETION DATE: TBD PROJECT TEAM: Eric Combs, AIA, LEED AP (D2C) Brian Duggan, AIA, NCARB, CDT (D2C) Michael Schauble NCARB (D2C) CHARACTERISTICS SIMILAR TO ESTES: Law Enforcement Facility D2C helped the Town identify opportunities to consolidate shared functions, reduce building area, and improve operational adjacencies. Assisting with efficient and operational reductions D2C helped the City lower their budget. Architecture to blend with the community. Planning and user group meetings to determine the best use of the site and space. TOWN OF JOHNSTOWNPOLICE STATION The Town of Johnstown and police leadership team prioritized the facility and site based on the needs assessment. D2C assisted the Town and Johnstown police department with planning, design, and potential phasing to accommodate funding and maintaining a secure campus and facility during construction. The facility is undergoing a complete renovation and addition includes: secure detention, administrative offices, booking, evidence rooms, training room, victim services, sally ports, investigations, patrol rooms, and a records room PROJECT STATS: SIZE: 14,700 SF Total; 9,860 SF Renovation; 4,851 SF Addition CONSTRUCTION COST: $6,278,659 COMPLETION DATE: March, 2025 PROJECT TEAM: Eric Combs, AIA, LEED AP (D2C) Brian Duggan, AIA, NCARB, CDT (D2C) Bob Crandall, LEED AP (D2C) Michael Schauble NCARB (D2C) Civil (PEC) Structural (Corbel) Geotechnical (Kumar) CHARACTERISTICS SIMILAR TO ESTES: Law Enforcement Facility Tight site Assisted with DOLA Grant funding Architecture to blend with the existing campus. Planning and user group meetings to determine the best use of the site and space. 26 TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 6| EXPERIENCE & REFERENCES “... I am filled with pride and anticipation as we take this ceremonial step forward. What began as a concept on paper, shaped by vision, planning, and an unwavering commitment to progress, is now becoming a reality.“ ~ Sheriff Joe Roybal, El Paso County Sheriff Station PUBLIC SAFETY REFERENCES CITY OF NORTHGLENN JUSTICE CENTER Contact: Jim May, Chief of Police 303-450-8967 | Jmay@Northglenn.org Status: Construction completed 9/2018 Team: D2C & Norris Design (Landscape) CITY OF COMMERCE CITY POLICE SUBSTATION Contact: Darrel Guadnola, Chief of Police 303-727-3919 | dguadnola@c3gov.com Status: CM/GC Selected Team: D2C, PEC (Civil), Corbel (Structural), ME Eng. (MEP), Cumming Group (Cost Opinion) CITY OF EVANS POLICE STATION Contact: Brian Stone, Interim Economic Development Director, Project Manager 970-415-0207 | bstone@evanscolorado.gov Status: Construction Completed 9/2018 Team: D2C, PEC (Civil), Corbel (Structural), ME Eng. (MEP) CITY OF THORNTON POLICE TRAINING Contact: Gregory J. Reeves, Deputy Chief (Patrol Div.) 720-977-5020 | greg.reeves@thorntonco.gov Status: Construction completed 9/2018 Team: D2C & Norris Design (Landscape) EL PASO COUNTY SHERIFF STATION Contact: Joe Roybal, Sheriff 719-520-7100 | josephroybal@elpasoco.com Status: Under Construction, completion 9/2026 Team: D2C, Norris Design (Landscape), Cumming Group (Cost Opinion) TOWN OF ERIE POLICE STATION EXPANSION Contact: Lee Mathis, Chief of Police 303-936-2811 | lmathis@erieco.gov Status: Under Construction, completion 7/2027 Team: D2C, PEC (Civil), Corbel (Structural), ME Eng. (MEP) TOWN OF HUDSON PUBLIC SAFETY CAMPUS Contact: Scott Sedgwick, Chief of Police 303-536-4889 | ssedgwick@hudsoncolorado.org Status: Scope completed in 2024 including PD Renovation at City Hall and the Public Safety Campus needs assessment, programming and planning efforts Team: D2C TOWN OF JOHNSTOWN POLICE STATION REMODEL AND EXPANSION Contact: Matt LeCerf, Town Manager c.720-202-6556 | mlecerf@townofjohnstown.com Status: Construction Completed 9/2018 Team: D2C & Norris Design (landscape) TOWN OF FREDERICK, TOWN HALL, POLICE AND COURTS PLANNING AND PHASING Contact: Todd Norris, Chief of Police, FBINA 232nd 720-382-5700 (o) | tnorris@frederickco.gov Status: Site feasibility, needs assessment and programming effort completed in 11/2019 Team: D2C CITY OF AURORA, POLICE TACTICAL TRAINING AND POLICE HEADQUARTERS RENOVATION Contact: Elly Watson, Project Manager 303-739-7109 | elwatson@auroragov.org Status: Construction completed: Training 11/2024 Construction completed: PD Reno 3/2020 Team: D2C, Corbel (Structural) - Training GRAND COUNTY EMS HEADQUARTER STATION, EMS AND POLICE SATELLITE STATION Contact: Austin Wingate, BS, MPO | EMS Chief 970-887-2732 | 970-531-1487 (d) Status: HQ - Under construction, completion 11/2026; Satellite Station - in design Team: D2C, Norris Design (landscape), ME Engineers (MEP), Cumming Group (Cost Opinion) ADDITIONAL HIGH ALTITUDE REFERENCES SUMMIT COUNTY SEARCH & RESCUE Contact: Sgt. Mark Watson, Special Operations Summit County Sheriff’s Office (o) 970-453-2232 | (d) 970-418-0625 Mark.Watson@SummitCountyCO.gov Status: construction completed 11/2024 Team: D2C SUMMIT COUNTY TRANSIT HEADQUARTERS Contact: Chris Lubber, Transit Director 970-668-4161 | Chris.lubbers@summitcountyco.gov Status: Under construction, completion 2027 Team: D2C 27TOWN OF ESTES | RFQ/P: DESIGN SERVICES FOR THE ESTES PARK PUBLIC SAFETY FACILITY 7| HOURLY RATE SCHEDULE PRIME ARCHITECT | D2C Architects Principal | Project Executive $193.00 Project Architect $171.00 Sr. Project Manager / Lead Planner $182.00 Project Manager $160.00 Designer $155.00 Specification Writer $190.00 BIM / Technology Manager $160.00 Job Captain | BIM Tech | Production Lead $155.00 BIM Tech | Production Support $120.00 Clerical $ 94.00 CIVIL ENGINEERS | Professional Engineering Consultants Principal Engineer $275.00 Senior Project Manager $235.00 Project Manager $210.00 Senior Engineer II $235.00 Senior Engineer I $210.00 Project Engineer $180.00 Senior Planner $180.00 Planner $155.00 Design Engineer $160.00 Senior Technician $150.00 Design Technician $115.00 Senior Commissioning Agent $175.00 Commissioning Agent $145.00 GIS Specialist $155.00 GIS Analyst $120.00 Project Coordinator $110.00 Project Assistant $ 90.00 Senior Field Project Manager $200.00 Field Project Manager $155.00 Senior Inspector $160.00 Inspector $125.00 Senior Field Technician $105.00 Field Technician $ 85.00 Senior Driller $130.00 Driller $95.00 Land Surveyor $150.00 Crew Chief $120.00 Survey Technician $100.00 *Premium time for all non-salaried personnel or as noted in the contract 1.5 multiplier LANDSCAPE ARCHITECTS | Norris Design Principal $185.00–285.00 Senior Staff $125.00–190.00 Staff $ 95.00–130.00 Clerical $ 75.00–100.00 STRUCTURAL ENGINEERS | Corbel Engineering Principal $200.00 Structural Engineer $195.00 Design Engineer $145.00 CAD/BIM Technician $125.00 Clerical $100.00 3D Laser Scan Technician + Equipment $185.00 Point Cloud Processing Technician $145.00 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERING | ME Engineers Senior Principal $375.00 Principal $335.00 Associate Principal $320.00 Sr. Associate $295.00 Associate $280.00 Senior Project Manager $265.00 Project Manager $230.00 Project Engineer $195.00 Engineer $180.00 Designer $170.00 Sr. BIM Coordinator $160.00 BIM Coordinator $155.00 CAD Technician $140.00 Administrative Staff $130.00 COST ESTIMATING | Cumming Group Executive /Senior Vice President $360.00 Vice President $315.00 Senior Director / Managing Director $290.00 Director $270.00 Associate Director $240.00 Senior Cost Manager $215.00 Cost Manager $176.00 Assistant Cost Manager $140.00 Coordinator $120.00 REIMBURSABLE RATES (Rates are per unit based) Photography $0.19 Photocopies (B&W – 8.5” x 11”) $0.15 Photocopies (B&W – 11” x 17”) $0.25 Photocopies (Color – 8.5” x 11”) $0.55 Photocopies (Color – 11”x 17”) $1.00 Preliminary Reports (Lam/Binding) $15.00 Long Distance Phone / Fax $0.06 Postage and Deliveries $35.00 Plots (B&W - Large Scale Format) $2.50/SF Plots (Color – Large Scale Format) $5.00/SF Mileage $IRS Rate/mile Airfare Direct Expense Airport Parking Direct Expense Hotel Accommodations Direct Expense Rental Car Direct Expense Meals (3 Meals Per Day) Direct Expense Printed/Burned CD/Flash Drive $10.00 ea. * All reimbursables will incur a standard 15% Overhead and Profit charge. * All direct expenses will be billed based on actual expense. 1212 South Broadway, Suite 250, Denver, CO 80210 3 0 3 . 9 5 2 . 4 8 0 2 | w w w . D 2 C a r c h i t e c t s . c o m Request for Proposal Design Services 8 April 2026 TOWN OF ESTES PARK | COST PROPOSALPUBLIC SAFETY FACILITY 8 April 2026 Mr. Derek Pastor | Project Manager Town of Estes Park 170 MacGregor Ave., Estes Park, CO 80517 Submit via bidnet or e. dpastor@estes.org RE: Request for Qualifications | Proposals for Design Services for the Estes Park Public Safety Facility Dear Mr. Pastor, and Members of the Selection Committee We are pleased to submit our proposal to provide comprehensive architectural and engineering design services for the design and construction support of the new 30,000 SF Estes Park Public Safety facility. We appreciate the opportunity to collaborate and partner on this important, community-centered project. Our proposed fee structure is rooted in detailed task-by-task analysis to provide a clear, transparent roadmap for design and delivery; carefully benchmarked against industry standards, and designed to provide you, the Town and PD with value. The attached fee matrix details our efforts by role and by task in chronological order, along with footnotes that provide clarifications so that all parties share a common understanding before work begins. Where appropriate, optional additional service ideas have been identified to provide flexibility while maintaining clarity around project scope and budget. We understand the importance of delivering complete, construction-ready documents that meet current police facility design (IACP, CALEA, etc.), applicable codes, ADA requirements, and Town standards. Our team is fully prepared to support the project, launching from current solutions, through schematic design and construction administration. Fee Summary By Phase: Task 1 – Schematic Design $ 225,898.00 Task 2 – Design and Land Development $ 335,036.00 Task 3 – Final Design and Construction Documents $ 349,705.00 Task 4 – Construction Observation $ 206,012.00 Estimated Reimbursable Allowance $ 13,305.00* Total Requested $1,129,956.00 *Reimbursable Expenses We will only bill for direct expenses realized associated with this project. These costs may include, printing, travel to and from the site, etc. Any amount not used will not be billed. D2C Architects is nimble, flexible and welcomes the opportunity to discuss our proposal with you to ensure our efforts align with your needs and budget allocations. Thank you for this opportunity. Sincerely, Eric Combs, AIA, LEED AP Project Executive | Vice President, D2C Architects, Inc. d:303-929-9121| ecombs@D2Carchitects.com Attachments: Detailed Fee Matrix (Hourly Breakout) Fee Proposal Confidential - Not for Public Record www.D2Carchitects.com | 1212 South Broadway, Suite 250 | Denver, Colorado 80210 | 303.952.4802 Trip(s)Principal Project Project Specification Interior CAD | BIM CAD | BIM Clerical DESCRIPTION In Charge Architect Manager Writer Designer Manager Techs Administrative TOTAL 1 Review of Concept Design 2 2 2 6 2 Project Kick-Off Meeting 1 8 8 8 8 2 34 3 Pre-Application Meeting 1 8 8 8 2 26 4 Community Engagement #1 1 8 8 8 8 2 34 5 Program Identification of Additional Spaces 4 4 8 6 Deliverables 8 8 7 Code Analysis 2 4 2 8 16 8 Code Plan 2 4 2 8 16 9 Specifications - Table of Contents only 2 2 4 10 Demo Plans (Existing Barns)4 4 4 8 20 11 Architectural Site Plan 2 2 8 12 12 Floor Plan 16 8 8 24 56 13 Roof Plan 8 8 4 16 36 14 Exterior Elevations 24 16 8 40 88 15 Building Sections (1 Longitudinal + 1 Transverse Section)4 4 8 16 16 Furniture Plans (Concept Only)2 4 8 14 17 Interior Elevations 2 8 16 26 18 Design Partner Coordination 0 19 Landscape Coordination 2 2 2 6 20 Civil Coordination 2 2 2 6 21 Structural Coordination 2 2 2 6 22 MEPF Coordination 2 2 2 6 23 Cost Estimator 2 2 2 6 24 Support in CM/GC Selection (Interview, Selection, etc.)1 8 8 2 25 Presentations to Town Board and Community Development Plan Review Team 0 26 Community Engagement #1 1 8 8 8 2 26 27 Schematic Design Presentation #1 1 8 8 8 2 26 28 Scenario Testing with IPT #1 1 16 16 24 40 4 100 29 Development Plan Review #1 1 8 8 2 18 30 Value Engineering 4 8 8 24 44 31 Internal QA/QC | Coordination 24 40 64 32 Team Meetings / Owner Progress Meetings + Meeting Minutes Virtual 8 8 8 24 33 Weekly Coordination Calls Virtual 8 8 8 24 34 Project Management 8 8 35 File Document Management (Uploading, Downloading, etc.)4 4 8 ------------------------------------------------------------------------ Total Hours 42 162 184 2 8 64 326 12 800 Hourly Rate $193.00 $171.00 $160.00 $190.00 $155.00 $160.00 $120.00 $94.00 $155.38 ------------------------------------------------------------------------ Total Labor Cost $8,106.00 $27,702.00 $29,440.00 $380.00 $1,240.00 $10,240.00 $39,120.00 $1,128.00 $117,356.00 Footnote:TASK 1 Subtotal $117,356.00 1 All footnotes from previous tasks apply Landscape $7,000.00 2 Owner to conduct in-house design reviews at every milestone and provide design team with comments Civil $18,620.00 3 Scope is predicated on an established plan of 30,000 SF via 3 stories on a 3.9 acre site.Structural $22,500.00 4 Assumes owner will provide front end specifications for use in the bid documents MEPF $37,500.00 5 Assumes no lift stations Cost Estimator $14,422.00 6 Accounts for shallow foundation design and slab on grade. Deep foundations are not anticipated and therefore not accounted for.Survey Plat and Topo Survey Provided by Owner 7 Fire Sprinkler/standpipe will be designed via performance specification. GC will delegate design and bid to a licensed Fire protection contractor.Geotech To be Provided by Owner 8 Owner's IT Consultant will provide system rough-ins loads, etc. to design team for rough-in connection only.Traffic (TIS)$8,500.00 10 Owner's Security Consultant shall provide security system rough-ins, loads, etc. to design team for rough-in connections only.Total $225,898.00 11 Excludes Energy Modeling (Shoe Box or Full) 12 Excludes Commissioning Efforts in the design phase 13 Furniture Layouts are for Concept / Test Fit Purposes Only 14 Excludes LEED Registration and Review Fees. 15 Excludes LEED Template Design Efforts April 8, 2026 PART 1 - SCHEMATIC DESIGN ESTES PARK PUBLIC SAFETY RFQ / RFP Fee Matrix - Estes Park Public Safety/Manhour Summary Page Number 1 Last Updated: 4/7/2026, 10:45 AM 2 T O W N O F E S T E S | R F Q / P : D E S I G N S E R V I C E S F O R T H E E S T E S P A R K P U B L I C S A F E T Y F A C I L I T Y C O N F I D E N T I A L - N O T F O R P U B L I C R E C O R D April 8, 2026 ESTES PARK PUBLIC SAFETY RFQ / RFP Trip(s)Principal Project Project Specification Interior CAD | BIM CAD | BIM Clerical In Charge Architect Manager Writer Designer Manager Techs Administrative 1 Deliverables 0 2 Code Analysis 4 8 12 3 Code Plan 4 4 8 4 Code Official Review Agent Coordination 8 8 16 5 Specifications 2 40 4 46 6 Architectural Site Plan 4 8 8 20 7 Floor Plan 16 8 8 60 92 8 Roof Plan 4 8 4 24 40 9 Interior Elevations 8 16 24 40 88 10 Exterior Elevations 24 8 8 60 100 11 Building Sections 2 2 8 12 12 Wall Sections 8 8 16 40 72 13 Architectural Ceiling Plans 4 4 4 16 28 14 Room Finish Schedule 2 4 4 8 18 15 Door/Openings Schedule 4 4 8 8 24 16 Architectural Details 16 24 24 40 104 17 Preliminary Casework 2 4 4 4 16 30 18 Furniture Plans (Concept Only)2 4 8 14 19 Equipment Plans 2 4 4 8 18 20 Equipment Schedules 2 4 4 8 18 21 Cut Sheets 2 4 4 8 18 22 Design Partner Coordination 0 23 Landscape Coordination 4 2 6 24 Civil Coordination 4 4 8 25 Structural Coordination 8 8 16 26 MEPF Coordination 8 8 16 27 Cost Estimator 0 28 CM/GC 8 8 16 29 Presentations to IPT and Community Development Plan Review Team 0 30 Community Engagement #2 1 8 8 8 2 26 31 Design development Presentation #2 1 8 8 8 2 26 32 Value Engineering 8 16 16 40 80 33 AHJ Coordination and Submittal Support 8 8 34 Planning / Entitlement Submission 8 16 24 35 Planning / Entitlement Comment Response and Revisions (1 round of Revisions)8 24 32 36 Internal QA/QC | Coordination 24 40 64 37 Team Meetings / Owner Progress Meetings + Meeting Minutes Virtual 4 4 4 12 38 Weekly Coordination Calls Virtual 8 8 8 24 39 Project Management 16 16 40 File Document Management (Uploading, Downloading, etc.)8 8 2 ------------------------------------------------------------------------ Total Hours 0 140 246 40 40 124 566 4 1,160 Hourly Rate $193.00 $171.00 $160.00 $190.00 $155.00 $160.00 $120.00 $94.00 $155.38 ------------------------------------------------------------------------ Total Labor Cost $0.00 $23,940.00 $39,360.00 $7,600.00 $6,200.00 $19,840.00 $67,920.00 $376.00 $165,236.00 Footnote:TASK 2 Subtotal $165,236.00 1 All footnotes from previous tasks apply Landscape $15,000.00 2 Excludes Value Engineering at Design Development efforts are complete Civil $30,000.00 3 Excludes early release or fast track packages Structural $49,800.00 4 Assumes a single bid package with no phased work MEPF $75,000.00 5 Excludes ABI/OLI and other Alternative Designs / Design Packages Cost Estimator By CM/GC 6 Conduit and Pull strings are accounted for. Pulled Wire/Structured Wire design and/or specifications is not included in the base scope.Total $335,036.00 7 Excludes rebate/grant/fund sourcing efforts such as research, documentation, Q&A, application assistance or any other effort. PART 2 - DESIGN AND LAND DEVELOPMENT Fee Matrix - Estes Park Public Safety/Manhour Summary Page Number 2 Last Updated: 4/7/2026, 10:45 AM 3 T O W N O F E S T E S | R F Q / P : D E S I G N S E R V I C E S F O R T H E E S T E S P A R K P U B L I C S A F E T Y F A C I L I T Y C O N F I D E N T I A L - N O T F O R P U B L I C R E C O R D April 8, 2026 ESTES PARK PUBLIC SAFETY RFQ / RFP Trip(s)Principal Project Project Specification Interior CAD | BIM CAD | BIM Clerical In Charge Architect Manager Writer Designer Manager Techs Administrative 1 Deliverables 0 2 Code Analysis 2 4 6 3 Code Plan 2 4 6 4 Code Official Review Agent Coordination 8 8 16 5 Specifications 2 24 2 28 6 Architectural Site Plan 2 4 8 14 7 Floor Plan 4 4 4 24 36 8 Roof Plan 2 4 4 8 18 9 Interior Elevations 2 4 16 24 46 10 Exterior Elevations 16 16 8 40 80 11 Building Sections 1 4 4 9 12 Wall Sections 8 8 16 24 56 13 Architectural Ceiling Plans 2 4 2 8 16 14 Room Finish Schedule 1 4 1 2 8 15 Door/Openings Schedule 2 4 4 4 14 16 Architectural Details 16 16 24 40 96 17 Casework 4 4 4 8 16 36 18 Furniture Plans (Concept Only)2 8 16 26 19 Equipment Plans 2 8 8 16 34 20 Equipment Schedules 2 8 8 16 34 21 Cut Sheets 2 8 8 16 34 22 Design Partner Coordination 0 23 Landscape Coordination 8 8 16 24 Civil Coordination 8 8 16 25 Structural Coordination 16 16 32 26 MEPF Coordination 16 16 32 27 Cost Estimator 0 28 CM/GC 24 24 48 29 Respond to Bidder RFI's + Substitution Requests 24 40 64 30 Prepare and Issue Addenda 24 40 64 31 Presentations to IPT and Community Development Plan Review Team 0 32 Scenario Testing with IPT #2 1 8 8 8 2 26 33 Construction Document Presentation (90%)1 8 8 8 2 26 34 Development Plan Review #2 1 8 8 2 18 35 Construction Document Presentation (100%)1 8 8 8 2 26 36 Town Board Meeting 1 8 8 2 18 37 AHJ Coordination and Submittal Support 16 16 38 Building Permit Submission 16 16 32 39 Building Department Comment Response and Revisions (1 round of Revisions)4 24 40 68 40 Internal QA/QC | Coordination 24 40 64 41 Team Meetings / Owner Progress Meetings + Meeting Minutes Virtual 8 8 8 24 42 Weekly Coordination Calls Virtual 8 8 8 24 43 Project Management 16 16 44 File Document Management (Uploading, Downloading, etc.)8 8 Total Hours 5 ------------------------------------------------------------------------ Hourly Rate 0 130 368 24 25 116 578 10 1,251 $193.00 $171.00 $160.00 $190.00 $155.00 $160.00 $120.00 $94.00 $155.38 Total Labor Cost ------------------------------------------------------------------------ $0.00 $22,230.00 $58,880.00 $4,560.00 $3,875.00 $18,560.00 $69,360.00 $940.00 $178,405.00 Footnote:TASK 3 Subtotal $178,405.00 1 All footnotes from previous tasks apply Landscape $10,000.00 2 D2C has not carried costs for Building Permit Applications, Submittal Fees or any other City, County or State fees Civil $22,500.00 3 Assumes all bid documents to Contractors are electronic only (PDF)Structural $26,300.00 MEPF $112,500.00 Cost Estimator By CM/GC Total $349,705.00 PART 3 - FINAL DESIGN AND CONSTRUCTION DOCUMENTS Fee Matrix - Estes Park Public Safety/Manhour Summary Page Number 3 Last Updated: 4/7/2026, 10:45 AM 4 T O W N O F E S T E S | R F Q / P : D E S I G N S E R V I C E S F O R T H E E S T E S P A R K P U B L I C S A F E T Y F A C I L I T Y C O N F I D E N T I A L - N O T F O R P U B L I C R E C O R D April 8, 2026 ESTES PARK PUBLIC SAFETY RFQ / RFP Trip(s)Principal Project Project Specification Interior CAD | BIM CAD | BIM Clerical In Charge Architect Manager Writer Designer Manager Techs Administrative 1 Preconstruction Meeting (Project Site)0 2 Preconstruction Meeting - Meeting Minutes 0 3 Attend Construction Meetings (Project Site) 24 192 144 24 360 4 Site Observation Reports 48 48 5 Construction Meetings via Phone Calls 24 48 48 120 6 Submittal | Shop Drawing Review 40 120 160 7 Construction Schedule Review (1 Total)4 4 8 GC Change Order Review and Comment 16 16 32 10 RFI Review and Response 60 80 140 11 Pre-Final Walk Through / Substantial Completion (Initial Punch List)1 8 8 2 18 12 Final Completion Walk Through (Punch List Review) (Trip accounted for above)1 8 8 2 18 13 Project Closeout Support 24 24 48 Total Hours 26 ------------------------------------------------------------------------ Hourly Rate 0 40 448 0 0 0 432 28 948 $193.00 $171.00 $160.00 $190.00 $155.00 $160.00 $120.00 $94.00 $155.38 Total Labor Cost ------------------------------------------------------------------------ $0.00 $6,840.00 $71,680.00 $0.00 $0.00 $0.00 $51,840.00 $2,632.00 $132,992.00 Footnote:All footnotes from previous tasks apply TASK 4 Subtotal $132,992.00 1 Assumes Testing, Balancing and Inspection efforts are hired by owner Landscape $12,500.00 2 Assumes a 12 month Construction duration Civil $15,220.00 3 Excludes Resident Inspection Structural $20,300.00 4 Excludes commissioning efforts or system balancing efforts during or after construction. To be hired directly by TOEP per Addendum Q&A MEPF $25,000.00 5 Assumes a single phase of construction Cost Estimator Not Applicable 6 Assumes all meeting minutes are generated by hired GC during Construction Total $206,012.00 7 Assumes a web based submittal, RFI and ASI process (Prolog, Submittal Exchange, etc.) 8 Assumes all subcontractors will print their own construction sets (from digital documents) at their own expense. 9 Excludes record drawings (generated from As-Built Drawings) 10 Landscape has included six (6) trips in this phase. 11 Civil has included time for two (2) CA trips. 12 Structural has included time for three (3) CA trips. PART 1 - SCHEMATIC DESIGN $225,898.00 PART 2 - DESIGN AND LAND DEVELOPMENT $335,036.00 Architecture $593,989.00 PART 3 - FINAL DESIGN AND CONSTRUCTION DOCUMENTS $349,705.00 Landscape $44,500.00 PART 4 - CONSTRUCTION OBSERVATION $206,012.00 Civil $86,340.00 ESTIMATED REIMBURSABLE ALLOWANCE $13,305.00 Traffic Study $8,500.00 Structural $118,900.00 MEPF $250,000.00 Cost Estimator $14,422.00 Reimbursables $13,305.00 1 Design Development Cost Estimate $17,922.00 We do not see value in carrying the cost estimator into Design Development as the CM/GC will be on board 2 90% CD Cost Estimate $20,698.00 We do not see value in carrying the cost estimator into final CDs as the CM/GC will be building a final price 3 AV, IT, Telecom and Security Design $85,000.00 PART 4 - CONSTRUCTION OBSERVATION Fee Matrix - Estes Park Public Safety/Manhour Summary Page Number 4 Last Updated: 4/7/2026, 10:45 AM 5 T O W N O F E S T E S | R F Q / P : D E S I G N S E R V I C E S F O R T H E E S T E S P A R K P U B L I C S A F E T Y F A C I L I T Y C O N F I D E N T I A L - N O T F O R P U B L I C R E C O R D 1212 South Broadway, Suite 250, Denver, CO 80210 3 0 3 . 9 5 2 . 4 8 0 2 | w w w . D 2 C a r c h i t e c t s . c o m We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Proposed New Public Safety Facility D E S I G N S E R V I C E S A N D C O N ST R U CT I O N M A N AG E M E N T A S S I STA N C E C O N T R ACT AUGUST 11, 2026 REGULAR MEETING Recommended Vendor: Infusion Architects LLC We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Presentation Provided at Meeting 2026-08-11 Phase I: Completed January 2025: Phase I design services •Secured through quotes •Completed programmatic and space needs analyses and assessment •Participated in site analysis for new facility •Completed conceptual design on preferred Town-owned site at northwest corner of Manford Avenue and Community Drive Phase II: Scope •Schematic Designs, Design Documents and Construction Documents •Construction Management Assistance which includes providing responses to questions or clarifications of the drawings, reviewing all shop drawings and equipment/ material submittals, routine site visit/ inspections, and conducting Owner/ Architect/ Contractor meetings through duration of construction New Public Safety Facility Design Services Phase II Design Services Request for Proposals/ Qualifications Process •Released on March 11, 2026 •24 companies (potential contractors and subcontractors) were represented at mandatory pre-proposal meeting •9 qualified proposals were received •Staff Evaluation team: Internal Services, Public Works/ Engineering, Police •Ranked top three proposals •Two firms invited for presentations/ interviews based on qualifications and fees Phase II Design Services Contract Recommendation •Unanimous recommendation to contract with Infusion Architects LLC •Demonstrated comprehensive understanding of the overall project •Credible strategies to effectively manage costs and deliver project •Continuity of services, existing positive relationship and meaningful dialogue, and experience of Infusion in design of other Police and Public Safety facilities •Best overall value to the Town consistent with purchasing standards •Town will only pay for work completed in event the Town ceases work towards construction of a new public safety facility TOP 3 RANKED PROPOSALS PROPOSED FEE DELTA Infusion Architects $1,365,000 +$111,424 D2C Architects $1,253,576 Anderson Mason Dale $2,082,420 Phase II Design Services Funding Sources SOURCE AMOUNT/ NOTES Town Capital Improvement Plan State of Colorado Department of Local Affairs (DOLA) Energy Mineral Impact Assistance Fund Grant $100,000 $100,000 Local Match (Budgeted) On August 11 Consent Agenda for action Federal Congressionally Directed Spending through USDA for design & construction $1 million Pending USDA process and IGA Project and Construction Financing Certificates of Participation to be issued We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Proposed New Public Safety Facility D E S I G N S E R V I C E S A N D C O N ST R U CT I O N M A N AG E M E N T A S S I STA N C E C O N T R ACT AUGUST 11, 2026 REGULAR MEETING Recommended Vendor: Infusion Architects LLC We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: August 11, 2026 Subject: Visit Estes Park Board Appointment Process Type: Policy Direction Objective: To review the appointment process for an upcoming vacancy for a Town appointment on the Visit Estes Park’s Board. Present Situation: The Visit Estes Park Board will have a vacancy with Sean Jurgens term ending December 31, 2026. He is term limited and cannot apply for an additional term. Additionally, Visit Estes Park adopted new bylaws in February 2026 that contain a section on “Nominations” which establishes the Chair of the Board to appoint a nominating taskforce as outlined in Section 203 of the bylaws. This taskforce, if formed, would submit names to the Town or the County no later than September 30th of any year that a vacancy occurs. This section does state clearly that the Town is under no obligation to choose one of the recommended candidates. Visit Estes Park has prepared an announcement to assist with outreach to interested parties. The Town Board has adopted Policy 102 Committees which outlines the recruitment process including advertisement, application, eligibility, selection process, etc. The Town’s policy does not speak to coordination with another entity, to include the sharing of applications, screening of such applications and recommendation to the Town Board. Policy section 4.d.1 does provide Town Board the ability to appoint designee(s) as outlined. Proposal: Policy 101 Division of Responsibilities Section 6 states all applicants for Town board/committees are to be interviewed by the Town Board, or its designee(s). Any designee(s) will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the board/commission positions unless the Town Board appoints a designee(s) to complete the process. The Town Board has not used the provision to designate someone other than Board members to serve on the interview committee. This provision does however exist and leads staff to propose the Board review and determine how to proceed with filling the upcoming vacancy on the Visit Estes Park Board. Options for consideration may include one of the following: 1) Mayor Hall and Mayor Pro Tem Hazelton could be appointed as the interview committee as outlined in the Town Board Policy 101 and Policy 102 and complete the interview/selection process and have a member of the Visit Estes Park Board or the Executive Director attend the interviews to bring forward a recommendation to the Town Board. 2) A variation of option 1: Appoint one Town Board member that serves on the Visit Estes Park Board and select another member of the Town Board to the interview committee. 3) Designate the Visit Estes Park nominating taskforce as the Town Board’s designee to review applications, interview, and bring forward a recommendation to the Town Board. The Board could further require Mayor Hall and/or Mayor Pro Tem Hazelton serve on the Visit Estes Park nominating taskforce. Advantages: • Board direction will provide clarity to the Town staff managing appointments and provide Visit Estes Park with an understanding of how the vacancy will be filled. Disadvantages: • Town staff are unable to move the process to fill the vacancy forward without Town Board direction due to the inconsistencies between the Town’s policies and Visit Estes Park’s bylaws. Action Recommended: Staff does not have a recommendation as this is a policy discussion for the Town Board. One of the options presented would allow the process to move forward. Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motions: I move to approve/deny the appointment of Mayor/Mayor Pro Tem/Trustee ______________and Mayor/Mayor Pro Tem/Trustee _______________ to the Visit Estes Park Board of Directors interview committee and to follow the selection process outlined in Policy 101 Division of Responsibilities and Policy 102 Committees. I move to approve/deny the appointment of the Visit Estes Park Nomination Taskforce as the Town Board’s designee to complete the selection process as outlined in Policy 102 Committees for the upcoming vacancy on the Visit Estes Park Board of Directors. I move to approve/deny the appointment of the Visit Estes Park Nomination Taskforce as the Town Board’s designee to complete the selection process as outlined in Policy 102 Committees for the upcoming vacancy on the Visit Estes Park Board of Directors with Mayor Hall (and/or) Mayor Pro Tem Hazelton serving on the Taskforce. Attachments: 1) Town Board Policy 102 Committees 2) Visit Estes Park Bylaws dated February 2026 Effective Period:Until Superseded Review Schedule:Annual -January Effective Date:October 24th,2018 References: Governance Policy Manual 1.6 Board Appointed Committee Principles ______ TOWN BOARD GOVERNANCE POLICIES 102 Town Committees 1.PURPOSE To establish a uniform Policy and Procedure process for Town of Estes Park committees and to provide reference for cross training and training new personnel. 2.SCOPE This Policy and Procedure applies to all Town citizen volunteer boards,commissions and task forces,herein collectively referred to as “committees”and the appropriate staff who support the functions of these entities.This Policy and Procedure does not apply to internal staff committees,committees not appointed by the Town Board or outside independent committees. 3.RESPONSIBILITY The Town Administrator and Town staff shall be responsible for the implementation of this Policy and Procedure. Town Committees 102 Revisions:10/2312018 Town of Estes Park,Town Board Policies Page 1 of 13 Attachment 1 TABLE OF CONTENTS PURPOSE .1 2.SCOPE 1 3.RESPONSIBILITY 1 4.PROCEDURE 4 a.Definitions 4 i.Committee Types 4 ii.Town Board Liaison S iii.StaffLiaison S b.Terms 6 c.Recruitment 6 i.Recruitment 6 H.Applications 6 Hi.Eligibility 7 d.Selection Process 7 e.Notification 8 f.Vacancies 8 g.Committee Alternatives a h.Staff Support 8 i.Trustees Liaison 9 j.Orientation and Training 9 k.Bylaws 9 I.Recognition 10 m.Ownership of Intellectual Property 10 n.Open Meetings 10 o.Decision Making 10 p.Compensation and Reimbursement 11 i.Compensation 11 ii.Mileage 11 Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 2 of 13 iii.Meals .11 iv.Expenses .11 q.Insurance Coverage .11 r.Conilictofinterest 12 s.Gifts 12 t.Minutes 12 u.Agendas 12 v.Waivers 12 Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 3 of 13 4.PROCEDURE NOTE:In instances where federal or state regulations and laws differ from this policy/procedure,the federal and state laws and regulations will be followed. a.Definitions i.Committee Types Committees serve many different roles within the Town.It is important that staff and committee members fully understand the role of each committee and the authority and responsibility for the committee and its members.To help define these roles,each committee will be designated as to type,as defined below: (1)Advisory Committees An advisory committee serves a forum of citizens to advise and assist the Town Board and/or a requesting Town department,providing them with technical and non-technical advice on issues.Advisory committees are not authorized to make decisions on behalf of the Town.The Town Board will consider the input of advisory committees,as well as other community members,in making decisions on issues.The Town Board may or may not take action that is in agreement with the advice of a Town advisory committee.Advisory committees may not speak for the Town or take independent positions on issues with the public or the press.Its purpose is to advise the Town Board or the requesting department only. Constituent Advisory Committee:This type of advisory committee is used as a polling type committee used to develop a sampling of community reaction and opinion on an issue or program(s).The membership on this type of committee should be broad based and accurately reflect the total diversity of the larger public.Example:The Transportation Advisory Board Content —Advice-giving Committee:This type of advisory committee is created to give advice to the Town Board or appropriate department to aid with decision making processes.Varied interests and opinions are encouraged,and the advisory committee may be asked to develop specific proposals and products for Town Board or department consideration.Membership is selected to encourage a wide variety of input from respected individuals from the community with specialized expertise.This advisory committee may or may not be a demographic reflection of the community as a whole.Example —The Parks Advisory Board Working Group:This type of advisory committee may reflect both the content or advisory type of committee,but is further charged with implementation of a project or program.Example —The Police Auxiliary (2)Quasi-judicial Committees Some committees and commissions are defined in state statute and have certain statutory responsibilities and authorities,as designated by statute. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 4 of 13 Often these committees have the authority to hold formal hearings,accept testimony,and make decisions which have some level of legal standing.These decisions may or may not be subject to review by the Town Board.Members of these committees must be cognizant of protecting the unbiased quasi-judicial nature of the committee and its formal hearings.Activities of these committees are limited to those authorities granted in statute or specifically by the Town Board.Example —The Planning Commission (3)Decision-Making Committees Decision-making committees are bodies that either statutorily or as granted by the Town Board have authority to make decisions which may include some of the following:approving citizen requests and applications,allocating resources, hiring or firing employees or adopting regulations.The specific authority of each decision-making committee is defined in statute or in the bylaws as approved by the Town Board.Examples—The Board of Adjustment,Board of Appeals (4)Ad-Hoc Task Forces Task forces are special ad-hoc panels created by the Town Board for a specific project or task.Task forces are limited in duration and are not ongoing entities. The responsibilities of the task force shall be designated by resolution by the Town Board at the time the Town Board authorizes the formation of the task force.The Town Board will consider the input of task forces,as well as other community members,in making decisions on issues.The Town Board may or may not take action that is in agreement with the advice of a Town task force. Task forces may not speak for the Town,and are to advise the Town Board or the appropriate department only,and are not to take independent positions on issues with the public or the press.Examples —Bond Park Committee, Transportation Visioning Committee (5)Outside and Independent Committees These are committees that may or may not be appointed wholly or partially by the Town Board,but are independent autonomous committees,often serving a governance role for another entity.This includes,but is not limited to the Estes Valley Library Board,the Local Marketing District,the Estes Park Housing Authority,and Western Heritage Inc. ii.Town Board Liaison The Town Trustee assigned to the committee pursuant to Governing Policy 1.7 iii.Staff Liaison A staff position responsible for the coordination and communication with the assigned committee and the day-to-day support for the committee. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 5 of 13 b.Terms The term for committee membership shall be defined in the bylaws of each committee. Terms for outside committees are the responsibility of the specific committee and not the Town of Estes Park. Terms for all committee members will be staggered with the exception of ad-hoc or temporary committees,which may have a finite sunset. Mid-term appointments to positions that become vacant may be made at any time or may be postponed to the regular term period,at the discretion of the Town Board. Unless otherwise specified by statute,members of a committee serve at the pleasure of the Town Board,have no property interest or entitlement in their membership or office and may be removed at any time for any reason by the Town Board. c.Recruitment The Town Clerk will publicize and advertise committee vacancies each year,and on an as-needed basis throughout the year,utilizing paid advertising,press releases to electronic and print media,the Town website,and other produced materials that might engage interested residents.Applications shall be available on the Town website,at Town Hall and at the Estes Valley Library. i.Recruitment Current committee members are encouraged to help recruit potential committee members,especially when specific targeted populations or expertise is required. Staff and Trustees may encourage individuals to apply for any open committee position,however they must be clear that the authority to appoint to a committee is solely the responsibility of the Board of Trustees,and there is no implied promise or guarantee of appointment. ii.Applications All citizens interested in serving on a committee shall complete an official Town application.These applications will be available from the Town Clerk’s office and on the Town website.Applications must be returned by the deadline to the Town Clerk’s office.Online applications are accepted from the Town website. Citizens may apply for up to three committees at a time.When applying for more than one committee,applicants should prioritize their requests on the committee application form. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 6 of 13 iii.Eligibility Eligibility for any committee shall be defined in the bylaws of each committee. However,except by special circumstance as approved by the Town Board,all members of any Town committee shall be residents of the Town of Estes Park. No individual who is currently serving a sentence after being convicted of a felony may serve on any Town board.Due to the time commitment involved,and to allow as many citizens the chance to participate in Town committees,serving on more than one Town committee at a time is discouraged.However,the Town Board reserves the right to appoint individuals to multiple committees when,in the opinion of the Town Board,it is in the best interest of the Town. d.Selection Process The Town Board will seek the most qualified diverse applicants with applicable special interest and expertise.In general,only the Town Board will select appointments to a Town committee.Existing committee members may assist with the recruitment of new members,but should not screen,interview or make recommendations for appointments,unless specifically requested to do so by the Town Board. Selection to the committees will be carried out as follows: 1.The Town Board or its designee(s)will review the applications. 2.The Trustees or their designee(s)may screen applicants to select a pool for interviewing. 3.The Trustees or their designee may conduct reference checks or background checks on applicants when,in the opinion of the Town Board or its designee(s), it is in the best interest of the citizens of the Town of Estes Park.No such checks will be completed without the informed consent of the applicant. 4.Applicants for all committees will be interviewed by the Town Board,or its designees.Any designees will be appointed by the full Town Board. a.Personal interviews shall be conducted prior to any appointment to a Town committee,unless specifically waived by the Town Board,or as excepted below. b.Prior to candidate interviews,the Town Board or its designee(s) assigned to conduct the interviews shall develop selection and evaluation criteria for review of the candidates. 5.The Trustees may request assistance from the staff liaison and other committee members. 6.Recommendations from the interview team will be made to the Town Board, which will make the appointment(s). Incumbent committee members who are eligible for reappointment will be contacted by the Town Clerk’s office to assess their interest in being reappointed.Members who desire reappointment will be considered along with all other applicants.Incumbents may be interviewed by the Town Board or its designee,at the discretion of the Town Board. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 7 of 13 By agreeing to serve on a Town committee,the member agrees to abide by this policy of the Town Board.Any committee member who violates the terms of this Policy and Procedure or the bylaws of the committee may be asked to resign or be removed from the committee by the Town Board. e.Notification The Town Clerk’s office will notify applicants of scheduled interviews.The Town Clerk’s office will promptly notify applicants and incumbents requesting reappointment,of appointments and the status of their applications. f.Vacancies The Town Clerk’s office will keep all applications on file for one year.If vacancies occur during the year,the position may be filled from the current list of applicants using the selection process delineated or through advertising for interested volunteers.For difficult to recruit committees,applications may be kept on file for two years. Resignations from any committee should be addressed in writing to the Town Board or Town Administrator. g.Committee Alternatives No Town committee will have members designated as alternates.All members,other than those designated as ex-officio or associate,shall have full membership and voting privileges on all Town committees. Where federal or state laws or municipal ordinances require alternates Section 102.3.7.1 is waived. Alternate/non-voting members who wish to become regular members must complete an application for the appropriate committee. h.Staff Support Staff support is available to committees through the staff liaison assigned to support each committee. It is the responsibility of the Town Board,in coordination with the staff liaison to provide the necessary budget and other resources for any committee to perform its assigned duties. It is the responsibility of the staff liaison to ensure the committee has adequate and reasonable staff support within budgeted resources. Staff support and staff liaisons will not be members of the committee to which they are assigned. It is the responsibility of the staff liaison to make requests for the Trustees’liaison to attend assigned committee meetings through the Town Clerk. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies PageS of 13 i.Trustees Liaison Individual Trustees may be assigned as liaisons to a committee by the Town Board. The role of the Trustee liaison is: •To serve as the primary two-way communication channel between the Town Board and the committee. •If so designated by the Town Board,to review applications,interview candidates and make recommendations to the Town Board for approval. •Serve as the primary Town Board contact with the committee. •Attend assigned committee meetings when requested or whenever appropriate,in the opinion of the Trustee liaison.Trustee liaisons are not expected to attend every meeting of the committee. •Any Trustee may attend the meeting of any committee;however they should notify the official Town Board liaison in advance of attending.This notification will allow the liaison to know when a quorum of the Town Board may be attending the committee meeting and to notify the Town Clerk so the appropriate public notifications can be made,in compliance with the Colorado Open Meetings Act. •The liaison is not a member of the committee and when in attendance at a committee meeting,shall be there as an observer for the Town Board. Participation in committee discussions should be minimal and restricted to clarification of Town Board positions or collection of information to bring back to the full Town Board. j.Orientation and Training Staff liaisons should provide new committee members with pertinent materials that will assist new members in becoming fully functioning members of the committee, including a copy of the bylaws and a copy of this policy.Staff liaisons should clearly inform all new members of the role of the committee and the responsibilities and authority of the committee.Established committee members are encouraged to share their experience and knowledge with new members.New members are encouraged to attend meetings before their term begins.All new committee members shall receive and acknowledge the receipt of the Town of Estes Park Volunteer Manual. k.Bylaws Each committee shall adopt bylaws that are consistent with these policies.A copy of the bylaws shall be sent to the Clerk’s office prior to adoption,for staff and Town Board review.This Policy and Procedure shall be incorporated,by reference,into the bylaws of all Town committees,The bylaws shall include a description of the objectives and duties or tasks of the committee,as set by the Town Board or the appropriate department. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 9 of 13 I.Recognition The Town Board shall recognize the Town’s volunteers annually,in a manner determined by the Town Board. The Town Board will send a letter of appreciation to all outgoing committee members in good standing. m.Ownership of Intellectual Property Any documents,articles,reports or correspondence,recommendations or other products produced by a Town committee shall be the sole property of the Town of Estes Park. No committee or member of a committee may copyright or in any other way take ownership for any documents,articles,recommendations or other products produced as a function of the Town committee. All documents and correspondence produced as part of the regular business of any committee shall be subject to the same open records policies applicable to all Town documents and correspondence. All documents and publications of any Town committee must be clearly identified as belonging to or originating from the Town of Estes Park. n.Open Meetings All meetings and actions of any committee shall be in full compliance with state statutes governing open meetings.It is the responsibility of the staff liaison to be familiar with these statutes and regulations. o.Decision Making Any actions,recommendations or discussions of any committee shall be limited to the defined objectives of the body as described in the approved bylaws. A common point of misunderstanding with committees and citizens is the role of the committee in decision making and the type of decision making to be employed by the committee for a particular issue.The Town Board realizes that not one method of decision making fits all situations;however it is important that the type of decision be declared early in the process of public discourse.The type of decision process is dependent on the issue involved,the time frame available and the amount of public participation desired. It is the responsibility of the staff liaison to assist the committee in its decision-making process and to train new and existing members in the appropriate responsibilities and authorities of the committee and its members.Staff liaisons are not to exert undue influence during the decision-making process,but only to keep the decision making of the committee in agreement with the objectives set by the Town Board. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 10 of 13 p.Compensation and Reimbursement i.Compensation Citizens who serve on Town committees do so as volunteers.There will be no financial compensation or reimbursement of expenses,except as noted below,for any volunteers on any committee. ii.Mileage Committee members may request reimbursement for mileage to attend any committee function if the member must travel greater than 10 miles from their residence.Mileage will be reimbursed at the rate currently adopted for Town travel by the Town Board.The staff liaison is responsible for approving mileage reimbursements for committees within the budget provided by the Town Board. iii.Meals Meals may be provided by the Town as part of regular meetings of the committee, as budgeted. iv.Expenses Members of committees may be reimbursed for out-of-pocket costs associated with the business of the committee provided the expenditures have been previously budgeted by the Town Board and authorized in advance by the assigned staff liaison or Town Administrator.(For example,office supplies,copies, printing,etc.)Other expenses may be reimbursed if,in the judgment of the staff liaison,such reimbursement is in the best interest of the Town. q.Insurance Coverage General liability (liability other than auto,including general,law enforcement and professional)is provided to all volunteers. Volunteers are not covered by the Town’s workers’compensation coverage.Any injuries incurred while volunteering is the responsibility of the individual volunteer. Specific to automobile insurance,both physical damage and legal liability for bodily injury or death is covered for all volunteers driving town vehicles,subject to coverage limits pursuant to the Town’s coverage.In addition,liability is covered for all volunteers driving their personal vehicles on Town business;however the following claims are excluded from coverage. •Bodily injury or death to passengers (including friends and family)who are not on official town business. •Physical damage to non-Town owned vehicles used on Town business. Property insurance is not provided to any personal property of the volunteer. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 11 of 13 r.Conflict of Interest A conflict of interest occurs when a person’s private,personal relationships or interests conflict so that an independent observer may reasonably question whether the person’s actions or decisions are determined by personal benefit,gain,or advantage. Members of committees shall not use their membership for private gain,and shall act impartially and not give preferential treatment to any private organization or individual. A member of any committee who has a personal or private interest in a matter proposed or pending shall disclose such interest to the committee;shall not vote on the item;and shall not attempt to influence the decisions of other members voting on the matter. s.Gifts Acceptance of or giving of any gifts by a committee member,which could lead to a conflict of interest,is prohibited.In particular,no member of any committee may accept or give a gift in excess of the value specified in Article XXIX of the Colorado State Constitution,from any individual,organization,contractor,or any other entity which does business with the Town or has any control of or interest in Town business related to the activities of his or her particular committee. t.Minutes Minutes shall be recorded of all meetings of any Town committee that are subject to the Colorado Open Meetings Act.Approved or draft minutes should be posted as soon as practicable after the meeting in question.Committees are strongly encouraged to post draft minutes prior to the final approval of the minutes at the next meeting of the committee.At a minimum,minutes shall be published on the Town website within seven days of approval by the committee. Minutes should record any formal actions taken by the committee.Minutes are not intended to be verbatim transcripts of the meeting.The amount of detail included in the minutes beyond the recording of actions is left to the discretion of each committee. u.Agendas Agendas for all public committee meetings will be posted on the Town website a minimum of six days prior to the meeting,whenever possible. v.Waivers Any section of this policy can be waived by a majority vote of the Town Board. w.Sunset Review In accordance with Governing Policy 1.6.1.6,all committees will undergo a regular sunset review,at least once every five years,unless otherwise provided for more frequently and according to a staggered schedule to be adopted separately by the Board of Trustees.This applies only to non-statutorily required boards/commissions. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 12 of 13 Approved: Todd Jirsa,Payor Date Town Committees 102 Parks Advisory Board BoardlCommittee Initial Sunset review (then every five years thereafter) I Transportation Advisory Board October 2017 Family Advisory Board April 2019 October 2017 Audit Committee October2018 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 13 of 13 Page 1 of 11 BYLAWS OF THE ESTES PARK LOCAL MARKETING DISTRICT Adopted by the VEP Board of Directors February 19, 2026 Attachment 2 Page 2 of 11 ARTICLE I ORGANIZATION Section 101. Name and Office Location Estes Park Local Marketing District, DBA Visit Estes Park (hereinafter referred to as VEP or the District) with a principal business office at 1230 Big Thompson Avenue, Estes Park, CO 80517 (“VEP Office”). Section 102. Mission We drive sustainable year-round economic growth by encouraging visitor demand. Section 103. Vision To offer positive and memorable experiences for guests and quality of life for our community. Section 104. Fiscal Responsibility The fiscal year of VEP is from January 1st - December 31st. The Board of Directors will make lawful and adequate provisions for sound fiscal policies and practices of VEP, including the preparation of an annual audit by a certified public accountant, the preparation of an annual budget, and ample fidelity bonding of the officers and employees entrusted with the handling of funds or property of VEP in accordance with state laws. Section 105. Colorado Law VEP is a Local Marketing District organized and operating under the authority granted by the Local Marketing District Act, 29-25-101 et seq., C.R.S. (the “Act”), and other applicable law. These Bylaws and the operation of the District shall also be consistent with that certain Restated Intergovernmental Agreement for the Estes Park Local Marketing District dated ______, 2025 (“IGA”). (Resolution 99-25 Restated Intergovernmental Agreement for the Estes Park Local Marketing District). Section 106. Liability and Indemnification To the extent permitted by law, the District shall defend, hold harmless and indemnify any Director, officer, agent, or employee, whether elected or appointed, against any tort or liability, claim or demand, without limitation arising out of any alleged act or omission occurring during the performance of official duty, as more fully defined by law or by an indemnification resolution. The provisions of this Section shall be supplemental and subject to and, to the extent of any inconsistency therewith, shall be modified by the provisions of the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S. Page 3 of 11 ARTICLE II DIRECTORS Section 201. Board of Directors The Board of Directors of VEP (the “Board”) shall have all legislative power of the District and is authorized to implement and carry out the annual operating plan approved by the Town and County. The Board shall be composed of (5) Directors. Three Directors shall be appointed by the Town of Estes Park Town Board (the “Town”) and (2) Directors by the Larimer County Board of County Commissioners (the “County”). Two (2) of the Town appointees shall be chosen from the Town of Estes Park Board of Trustees. The third Town appointee shall not be a member of the Town Board. One (1) of the County appointees shall be chosen from the Larimer County Board of County Commissioners. The second County appointee shall not be a member of the County Board of County Commissioners. For the two appointees who are not elected officials of the Town or County, preference may be given to applicants involved in the lodging industry in the Estes Valley at the discretion of each appointing authority. Within thirty (30) days after being appointed, except for good cause shown, each newly appointed Director shall appear before an officer authorized to administer oaths and take an oath that the Director will faithfully perform the duties of office as required by law and will support the constitution of the United States, the state constitution, and laws made pursuant thereto. Any outgoing Directors shall have the option to request transition to membership on the Marketing Advisory Committee (See Section 501. STANDING COMMITTEES) immediately upon its formation without completing an interview process. Section 202. Eligibility Each Director, except for the County appointee who is a County Commissioner, must live within the Service Area of VEP for at least one year prior to their appointment and must remain a resident of the Service Area of VEP during their entire term. Section 203. Nominations A nominating taskforce may be appointed by the Chair of the Board and submit names to the Town and/or County no later than September 30th of any year that has an open seat. While the Town and County are under no obligation to choose one of the recommended candidates, efforts by the Board should be taken to find and encourage those candidates that will enhance VEP and its mission. A similar process may be followed when a vacancy occurs on the Board. Section 204. Term of Office The three (3) Directors who are also elected Town Trustee or County Commissioner shall serve terms that correspond with their elected terms of office and their appointment by their respective board. The other two Page 4 of 11 (2) non- elected Directors shall serve terms of four (4) years each, staggered so that a term expires every two (2) years. Each Director shall serve at the pleasure of their appointing entity. The two (2) non-elected Directors may serve no more than two (2) consecutive terms; however, the Town or County may waive this term limit for their respective appointees upon finding there are no qualified applicants to fill a vacancy. For purposes of this term limit, a term is considered consecutive unless separated by at least two (2) years. Section 205. Board Vacancy The Town or County (whichever entity appointed the Director causing the vacancy) shall appoint a replacement Director as soon as practicable following the vacancy. Section 206. Regular Meetings The Board of Directors shall hold regular meetings at least once each quarter and are encouraged to meet monthly and may hold special meetings as deemed necessary. Meetings of the Board of Directors shall be subject to the provisions of C.R.S. 24-6-401 et seq. (Open Meetings Law) as applicable. The Board of Directors shall act by motion or resolution. Section 207. Special Meetings/Work Sessions The Board Chair may call a special meeting or work session of the Board at any time, and must do so whenever asked by any one-third of the total number of Directors. Special meetings may only be held upon clearing the proposed date and time with at least one of the County appointed Directors. In the case of a requested special meeting or work session, the request must be made in writing and the meeting must be set for no sooner than seven (7) days and no later than fourteen (14) days from the date the request is made. Notice of any special meeting or work session must then be posted as required by the Colorado Open Meetings Law. Section 208. Agenda The Agenda for any special or regular meeting shall be set by the Board Chair in time to post such Agenda at least twenty-four (24) hours prior to the scheduled meeting. If a Director would like to add an issue to the Agenda for an upcoming meeting, the Director should contact the Board Chair at least forty-eight (48) hours prior to the scheduled meeting. Any Director may request the addition of discussion items at the start of a meeting, but in no event shall new action items be added to the Agenda at the start of the meeting absent emergency circumstances. If any such discussion item requested by a Director is objected to by any other Director, such agenda item shall only be included on the Agenda upon approval of a majority of the Directors present at the meeting. Section 209. Emergency Meetings Notwithstanding any other provisions in this Article II, emergency meetings may be called by the Chair or any two (2) Directors in the event of an emergency that requires the immediate action of the Board and could not Page 5 of 11 be delayed for the twenty-four (24) hour notice period. Notice of an emergency meeting may be given to the Board by telephone or other reasonable means. Any action taken at an emergency meeting shall be effective only until the first to occur of (a) the next regular meeting; or (b) the next special meeting at which the emergency issue is on the public notice of the meeting. At such subsequent meeting, the Board may ratify any emergency action taken. If not ratified, the emergency action shall be deemed rescinded as of the date of the subsequent meeting. Section 210. Quorum A quorum of the Board shall consist of three (3) Directors. No action of the Board shall be valid unless approved by the affirmative vote of at least three (3) Directors at a duly noticed meeting. If, at any point during a meeting, a quorum is no longer present, then the meeting must be adjourned. Section 211. Voting All Board action shall be taken only upon a vote of the Directors at a duly noticed and properly convened meeting of the Board through a motion or resolution. Proxy voting is not permitted. Section 212. Attendance All Directors shall attend all meetings, including special meetings, if possible. In the event any Director misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or County may remove the offending Director for neglect of duty and appoint a new Director to fill the vacancy. With prior approval by the Chair, or Vice Chair in the Chair’s absence, no more than three (3) Directors may attend a meeting through the use of an electronic communication platform so long as the Director has all of the necessary materials to participate in the meeting and can hear the proceedings clearly. Section 213. Powers of the Board The Board will exercise all powers granted by the Act and other applicable law. The primary authority granted by the Act permits VEP to provide the following services: 1. Organization, promotion, marketing, and management of public events; 2. Activities in support of business recruitment, management, and development; 3. Coordinating tourism promotion activities; 4. Housing and childcare for tourism-related workforce, including seasonal workers, and for other workers in the community; or 5. Facilitating and enhancing visitor experience. Page 6 of 11 Section 214. Board Roles and Responsibilities The Board of Directors shall exercise governance authority and fiduciary oversight for Visit Estes Park and shall be responsible for the following: 1. Adopt an official seal for VEP. 2. Mission and Purpose: Establish, protect, and advance the mission, vision, and public purpose of Visit Estes Park in accordance with applicable law and intergovernmental agreements. 3. Strategic Direction: Approve and provide oversight of long-term strategic priorities, including the Strategic Plan, Operating Plan, and other board-approved plans that guide the organization’s work. 4. Policy and Governance Framework: Adopt and maintain bylaws, governance policies, and ethical standards necessary to ensure effective oversight, accountability, and transparency. 5. After a decision has been reached, speak publicly as one voice. 6. Financial Stewardship: Oversee the financial integrity of the organization, including approval of budgets, monitoring of financial performance, and ensuring the proper use of public funds in accordance with law and approved plans. 7. Performance Oversight and Accountability: Exercise governance oversight to ensure the organization is effectively advancing its mission and achieving board-approved objectives. 8. Chief Executive Officer Oversight: Hire, support, evaluate, and, if necessary, remove the Chief Executive Officer, and delegate appropriate authority for day-to-day operations consistent with board policies. 9. Public and Intergovernmental Accountability: Ensure coordination, transparency, and accountability to the Town of Estes Park and Larimer County, and act as a responsible steward of the intergovernmental partnership. 10. Legal and Ethical Compliance: Ensure compliance with applicable laws, regulations, intergovernmental agreements, and adopted policies, including open meetings, conflicts of interest, and public accountability requirements. 11. Advocacy and Ambassadorship: Serve as ambassadors for Visit Estes Park’s mission and destination stewardship goals while acting in the best interest of the organization. Section 215. Operating Plan The Board shall file an Operating Plan with the Town and County no later than September 30 each year for approval by the Town and County. The Operating Plan must specifically identify the services to be provided by VEP, any Marketing and Promotional Tax to be imposed by VEP, and such additional information as required to inform the Town and County as to the activities, services, and funding of VEP in the upcoming year. The Operating Plan shall include a proposed budget for the upcoming fiscal year. The services and financial arrangements of VEP shall conform so far as practical to the approved Operating Plan. The Operating Plan may, from time to time, be amended by VEP with the approval of the Town and County. As a complement to the Operating Plan, the District shall file with the Town and with the County the District’s proposed line-item budget as soon as it is filed with the District’s Board of Directors. The District shall also file with the Town and with the County the District’s approved line -item budget for the coming fiscal year by December 31 of each year. Page 7 of 11 Section 216. Conflict of Interest Each Director is required to disclose any potential conflict of interest in any transaction of VEP pursuant to Sec. 18-8-308, C.R.S. The Director with a potential conflict of interest may not participate in the consideration of, and the vote on the transaction, may not attempt to influence any parties related to the transaction, and may not act directly or indirectly for the Board in the inspection, operation, administration or performance of any contract related to the transaction. Ownership, in and of itself, by a Director of property within VEP shall not be considered a potential conflict of interest. Section 217. Recording Secretary The Board shall have the authority to appoint a Recording Secretary who need not be a member of the Board, and who shall be responsible for recording all votes and composing a record of the proceedings of the Board in the minute book kept for that purpose, which shall be the official record of the Board. The Recording Secretary shall not be required to take an oath of office. Section 218. Electronic Signatures In the event the signature(s) of one or more members of the Board or appointed signatories are required to execute a written document, contract, note, bond, deed, and/or other official papers of VEP, and the appropriate individual(s) is unable to be physically present to sign said documentation, such individual or individuals are authorized to execute the documentation electronically via facsimile or e-mail signature, unless said documentation provides otherwise. Any electronic signature affixed to a document shall carry the full legal force and effect of any original, handwritten signature. Except as approved herein, this provision of these Bylaws shall not be interpreted as establishing VEP’s consent or authorization to bind VEP to any transaction by the use of electronic records or electronic means. This provision is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Section 219. Resignation and Removal Directors may be removed only as provided in the Act and the IGA. A Director may resign at any time by giving written notice to the Board, and acceptance of such resignation shall not be necessary to make it effective. ARTICLE III OFFICERS Section 301. Officer Positions The Board shall maintain the following Officer positions: ● Chair ● Vice Chair ● Treasurer ● Secretary Page 8 of 11 Section 302. Qualifications Every officer must be a member of the Board. No Director will hold more than one office at a time; however, one Director may serve as both Treasurer and Secretary. Section 303. Selection The Board will elect officers at the first regularly scheduled Board meeting following the annual appointments of the Board. If an officer's position becomes vacant (except for a vacancy caused by the normal expiration of an officer's term as a Director) the Chair can appoint an eligible person to fill the vacancy, subject to the approval of the Board. The appointed person will serve until the vacancy has been filled by the vote of the Board at the first regularly scheduled Board meeting following the annual appointments. Section 304. Removal Officers may be removed from their position by a vote of two thirds of the Board, with or without cause. The appointment of an officer will not create any contract rights. Section 305. Term of Office Each officer shall serve for one (1) year commencing with the first meeting in January of each year. The Chair and Vice Chair may serve for two (2) consecutive one-year terms. Section 306. Powers and Duties of the Chair The Chair will preside at all meetings of the Board and exercise general charge and supervision of the affairs of the Board. The Chair will set the Agenda for each regular or special meeting. The Chair will appoint persons to chair standing and ad hoc committees that may be established by these Bylaws or the Board as necessary. The Chair is authorized to sign all contracts, deeds, notes, debentures, warrants and other instruments on behalf of VEP. Section 307. Powers and Duties of the Vice Chair At the request of the Chair, or in the event of the Chair's absence or disability, the Vice Chair will perform the duties and exercise the powers of the Chair. Section 308. Powers and Duties of the Secretary The Secretary shall be responsible for oversight of the integrity and availability of the official records of Visit Estes Park, and shall: 1. Ensure the maintenance of the official records, documents, and papers of the organization in accordance with applicable law and board policy. 2. Ensure accurate minutes and official actions of the Board are recorded and posted as public and permanent record of the organization. Page 9 of 11 3. Ensure compliance with applicable public notice and record-keeping requirements, including the timely availability of Board minutes for public review. 4. Serve as the custodian of the official seal of Visit Estes Park and attest, as authorized by the Board, to official documents and instruments. Section 309. Powers and Duties of the Treasurer The Treasurer shall provide financial oversight on behalf of the Board and be responsible for monitoring the financial integrity of Visit Estes Park. The Treasurer shall: 1. Ensure that all funds, property, and securities of VEP are properly kept, subject to any regulations imposed by the Board. 2. Oversee financial controls and depository arrangements to ensure that revenues and other receipts are properly accounted for and deposited as authorized by the Board. 3. Oversee the safeguarding of the organization’s funds, property, and financial assets in accordance with applicable law, Board policy, and approved budgets. 4. Oversee the accuracy and integrity of the organization’s financial records, including the maintenance of complete and accurate accounts of revenues, expenditures, and obligations. 5. Ensure monthly reports on the state of VEP finances are presented to the Board at a properly noticed meeting. 6. Ensure that regular reporting on all VEP and Town Sales Tax collections is made to the Board. ARTICLE IV CHIEF EXECUTIVE OFFICE Section 401. Position The Board shall employ a Chief Executive Officer (“CEO”) whose duties, performance review and compensation will be outlined in an employment contract between VEP and the CEO. The CEO will be administratively responsible to the Board. Section 402. Duties 1. Directs and oversees the day-to-day operations of VEP. 2. Acts as an authorized signatory and is empowered to execute contracts, agreements, checks, banking, and other financial or legal instruments on behalf of VEP and in the ordinary course of business. 3. Regularly reports to the Board on the operation of VEP. 4. Provides recommendations to the Board on VEP policy and strategy. 5. Ensures that all marketing activities are aligned with the Program of Work (Operating Plan) as approved by the Board. 6. Ensures the approved Operating Plan is implemented per approved budget and aligns with VEP board goals. 7. Within the parameters of approved policy and budget, to hire and terminate employees or independent contractors as may be needed to support the CEO. 8. Establish the hours, salaries, and duties of VEP employees. 9. Delegate these duties as the CEO may desire and as permitted by VEP policy and applicable law, to promote effective operation of VEP. Page 10 of 11 ARTICLE V COMMITTEES Section 501. Standing Committees All standing committees will report to the Board. The standing committee will submit all recommendations to the Board for approval. The Board may create additional standing committees with a majority vote of those present at a properly convened meeting. The following committees are considered standing committees of VEP: ● Marketing Advisory Committee ● Nominating Committee ● Governance Committee ● Finance Committee The membership, terms, and scope of authority of the Marketing Advisory Committee shall be established by Board policy. Section 502. Ad Hoc Committees and Task Forces The Board shall have the authority to create ad hoc committees or task forces, as necessary. A majority vote of those present at a properly convened meeting shall be required to establish an ad hoc committee or task force. Any such committee or task force shall be charged with a specific task at the time it is created and will submit all recommendations to the Board for approval. Section 503. Liaisons The Board of Directors may, by majority vote, appoint one or more agency or community liaisons to facilitate communication and coordination between the District and governmental agencies or other entities with interests related to the mission of the District. Agency Liaisons serve in an advisory and informational capacity only. Agency Liaisons: a) Are not members of the Board of Directors; b) Shall have no voting rights; c) Shall not be considered officers, directors, employees, or agents of the District; and d) Shall not have authority to bind, obligate, or act on behalf of the District in any manner. Term and Removal Agency Liaisons shall serve at the pleasure of the Board and may be removed at any time by majority vote of the Board. Page 11 of 11 ARTICLE VI AMENDMENT OF BYLAWS The Board shall have the power to make, amend, and repeal these Bylaws. Notice of proposed changes shall be mailed, emailed, or hand-delivered to the Board at least ten days (10) prior to the meeting at which the changes will receive a vote. Changes should be highlighted with original text struck to clearly show intended changes. They may do this by a two-thirds vote cast by persons legally entitled to vote, excluding blanks or abstentions, at a regular or special meeting at which a quorum is present. The Bylaws of VEP, and any amendments thereto, shall not become effective unless approved by resolution of both the Town of Estes Park Town Board and the Larimer County Board of County Commissioners. These bylaws, adopted on the date first written above, supersede and replace all prior bylaws of the Estes Park Local Marketing District. *** Thes bylaws, adopted on the date first written above, supersede and replace all prior bylaws of the Estes Park Local Marketing District. � Executive Session Honorable Mayor Hall & Board of Trustees Discussion of an expression of interest in a potential lease of the Town property at Elm Road and Moraine Avenue. No packet material will be provided for this item. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. � Executive Session Honorable Mayor Hall & Board of Trustees Use of Lot 4 Stanley Historic District. No packet material will be provided for this item. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.