Central Park Comprehensive Feasibility Study RFQ.pdf

REQUEST FOR QUALIFICATION

and

CONTRACT DOCUMENTS

FOR

CENTRAL PARK COMPREHENSIVE FEASIBILITY STUDY

A2025-9927

9950 Park Avenue Firestone, Colorado 80504

5/9/2025

TABLE OF CONTENTS

REQUEST FOR PROPOSAL INVITATION

PROJECT BACKGROUND AND DESCRIPTION

PROJECT MANAGER INFORMATION

SCOPE OF WORK

AGREEMENT FOR PROFESSIONAL SERVICES

REQUEST FOR PROPOSAL INVITATION

Sealed Proposals be received by the Town of Firestone (the “Town”) at the office of the Town Clerk, 9950 Park Avenue, Firestone, Colorado 80504, until 1:00 pm, local time, May 19, 2025 for the Central Park Comprehensive Feasibility Study (A2025-9927)

Selection and Performance Schedule: The following is the anticipated schedule of events for the RFP process May 9, 2025 Issue Request for Proposal May 13, 2025 1:00pm (mdt) Deadline for submitting questions May 13, 2025 Response to questions posted May 19, 2025 1:00pm Proposal submittal deadline/Bid Opening May 21, 2025 (tentative) Consultant Interviews May 28, 2025 (tentative) Award contract

Electronic Submission Qualifications To:

townclerk@firestoneco.gov Physical Submission Qualifications To:

Town of Firestone ATTN: Town Clerk 9950 Park Avenue Firestone, CO 80504 No formal bid opening for this project.

All physical proposals must be sealed. All proposals must be labeled with: Central Park Comprehensive Feasibility Study (A2025-9927)

Proposals received after the date and time indicated and/or qualifications that are not prepared and filed in accordance with the terms and conditions of the Request for Qualifications will not be considered for evaluation.

A summary of work for which the Proposal is requested consists of: The Town of Firestone (Town) is seeking qualifications from experienced consulting firms to conduct a Comprehensive Feasibility Study that assesses the financial sustainability and viability of the development of Central Park into a dynamic, community-centered destination.

Since acquiring Central Park's 252 acres in 2005, the Town has been planning its development. Central Park is already home to the Carbon Valley Regional Library, Town Hall, and the Municipal Court and Police Department Building.

Since 2021, the Town has undertaken extensive efforts to prepare for the development of Central Park, including public outreach, the creation of a Conceptual Master Plan, and analyses with expert consultants.

The Town's vision for Central Park is to be a vibrant community gathering place that will serve generations to come, featuring mixed-use spaces, recreational opportunities, education, sports, entertainment, dining, and retail.

Request for Proposal documents will be available after 1:00pm on May 9, 2025, and may be obtained from via electronic request to Raelynn Ferrera rferrera@firestoneco.gov

Project Manager Information: Any questions concerning this Proposal should be sent via email to should be emailed to Raelynn Ferrera rferrera@firestoneco.gov. No phone calls will be accepted. Questions must be received NO LATER THAN May 13, 2025. A final addendum shall be issued, if needed, on May 13, 2025.

The Town of Firestone is an Equal Opportunity Employer.

Dated this May 9, 2025.

TOWN OF FIRESTONE, COLORADO

mailto:rferrera@firestoneco.gov mailto:rferrera@firestoneco.gov

Project Background And Description: The Town of Firestone (Town) is seeking qualifications from experienced consulting firms to conduct a Comprehensive Feasibility Study that assesses the financial sustainability and viability of the development of Central Park into a dynamic, community-centered destination.

Since acquiring Central Park's 252 acres in 2005, the Town has been planning its development. Central Park is already home to the Carbon Valley Regional Library, Town Hall, and the Municipal Court and Police Department Building.

Since 2021, the Town has undertaken extensive efforts to prepare for the development of Central Park, including public outreach, the creation of a Conceptual Master Plan, and analyses with expert consultants.

The Town's vision for Central Park is to be a vibrant community gathering place that will serve generations to come, featuring mixed-use spaces, recreational opportunities, education, sports, entertainment, dining, and retail.

Scope of Work : The awarded Consultant shall provide applicable services consisting of, but not limited to, the following (including a list of deliverables) Key tasks

• Assess the economic, social, and technical viability

• Determine the market demand and community needs for mixed-use, recreational, and cultural amenities

• Market and demographic analysis.

• Economic and financial feasibility analysis.

• Environmental and regulatory considerations.

• Risk assessment and mitigation strategies.

• Identify potential public-private partnership (P3) opportunities.

• Recommend a phased implementation strategy with short-term, mid-term, and long-term goals

• Deliver the findings in a final report.

Submittal and Evaluation Criteria: An electronic version of the Proposal must be submitted. No reimbursement will be made by the Town for any proposal preparation or delivery costs incurred.

In order to simplify the review process and obtain the maximum degree of comparability, the Proposal must follow the outline described below, and at a minimum, contain the required information. Respondents are encouraged to include additional relevant information. Respondents must also include a signature page with company name, address, phone number, contact name, authorized signature and date.

Experience

1. Understanding of the project

2. Ability to perform all aspects of the project

3. Relevant recent experience in comparable projects

4. List of clients (2-5) for whom similar work has been done. Include contact name and phone number Qualifications

1. Key project staff and resumes

2. Ability to meet schedules within budget

3. Company resources

Fees The Proposal shall include a fee proposal with the following information in a separate sealed envelope or separate email:

1. A not-to-exceed fee for each phase of the Scope of Work

2. Man-hour allocation and the dollar value of the time for each phase of the Scope of

Work. A subtotal of man-hours and fees for each phase and category shall be provided

3. All anticipated expense items

4. An hourly rate fee schedule.

Selection Process:

The Town’s selection committee will evaluate all proposals received based on qualifications and approach.

Upon review, the committee will prepare a short-list of companies. Sealed proposals will be evaluated for those short-listed companies and negotiations (if necessary) will begin with the chosen Contractor.

The attached sample Professional Services Agreement will be used by the Town as the contract document for the work. By submitting a Proposal, you accept the terms of this Agreement as stated.

Any deviations from this Agreement must be requested in your submitted Proposal.

Selection and Performance Schedule The following is the anticipated schedule of events for the RFP process.

May 9, 2025 Issue Request for Proposal May 13, 2025 1:00pm (mdt) Deadline for submitting questions May 13, 2025 Response to questions posted May 19, 2025 1:00pm Proposal submittal deadline/Bid Opening May 21, 2025 (tentative) Consultant Interviews May 28, 2025 (tentative) Award contract

AGREEMENT FOR PROFESSIONAL SERVICES

(SAMPLE)

THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this _____ day of ____________, 2025 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town"), and ___________________, an independent Contractor with a principal place of business at ____________________________, Colorado _____ ("Contractor ") (each a "Party" and collectively the "Parties").

WHEREAS, the Town requires professional services and

WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services.

NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

I. SCOPE OF SERVICES

A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference and known as Central Park Comprehensive Feasibility Study (A2025-9927)

B. A change in the Scope of Services shall not be effective unless authorized as a modification to this Agreement. If the Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action.

II. TERM AND TERMINATION

A. This Agreement shall commence on the Effective Date and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town or until terminated as provided herein.

B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay the Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity.

III. COMPENSATION

In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $___________. This amount shall include all fees, costs and expenses incurred by Contractor , and no additional amounts shall be paid by the Town for such fees, costs, and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt.

IV. PROFESSIONAL RESPONSIBILITY

A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the preference for Colorado Labor set forth in C.R.S. Article 17 Title 8.

B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ Sub-Contractor s to perform any work except as expressly set forth in the Scope of Services.

V. OWNERSHIP

A. Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor.

B. If the Town reuses or makes any modification to Contractor 's designs, documents or work product without the prior written authorization of Contractor , the Town agrees, to the fullest extent permitted by law, to release the Contractor , its officers, directors, employees and sub- Contractor s from all claims and causes of action arising from such uses, and shall to the extent permitted by law indemnify and hold them harmless from all costs and expenses, including the cost of defense, related to claims and causes of action to the extent such costs and expenses arise from the Town's modification or reuse of the documents.

C. The Town expressly acknowledges and agrees that the documents and data to be provided by Contractor under the Agreement may contain certain design details, features and concepts from the Contractor 's own practice detail library, which collectively may form portions of the design for the Project, but which separately, are, and shall remain, the sole and exclusive property of

Contractor . Nothing herein shall be construed as a limitation on the Contractor 's right to re-use such component design details, features and concepts on other projects, in other contexts or for other clients.

VI. INDEPENDENTCONTRACTOR

Contractor is an independent Contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes.

VII. INSURANCE

A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, the Contractor shall procure and maintain, and shall cause any Sub-Contractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town.

1. Worker's Compensation insurance as required by law.

2. Commercial General Liability insurance with minimum combined single limits of

$1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, and employees, Contractor as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations.

3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate.

B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, and its employees Contractor shall be excess and not contributory insurance to that provided by Contractor.

Contractor shall be solely responsible for any deductible losses under any policy.

C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement.

VIII. INDEMNIFICATION

A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, recklessness or other fault of Contractor , any Sub-Contractor of Contractor , or any officer, employee, representative, or agent of Contractor , or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any Sub-Contractor of Contractor . Contractor 's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any Sub-Contractor of Contractor , or any officer, employee, representative, or agent of Contractor or of any Sub-Contractor of Contractor .

B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor 's obligation to indemnify and hold harmless the Town may be determined only after Contractor 's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual Agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).

IX. CHANGE ORDERS

A. Change Order is a written instrument issued after execution of the Agreement signed by Town and Contractor, stating their Agreement, as applicable, upon all of the following:

1. The scope of the change in the Work;

2. The amount of the adjustment to the Contract Price and

3. The extent of the adjustment to the Contract Times(s).

B. All changes in the Work authorized by the applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Town and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustment of such changes.

X. MISCELLANEOUS

A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado.

B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of this Agreement.

C. Integration. This Agreement constitutes the entire Agreement between the Parties, superseding all prior oral or written communications.

D. Third Parties. There are no intended third-party beneficiaries to this Agreement.

E. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when personally presented or sent pre-paid, firstclass United States Mail to the Party at the address set forth on the first page of this Agreement.

F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

G. Modification. This Agreement may only be modified upon written Agreement of the Parties.

H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other.

I. Governmental Immunity. The Town and its officers, and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees.

J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.

K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.

L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

TOWN OF FIRESTONE, COLORADO

Don Conyac Jr, Mayor

ATTEST:

Miriam Granados Luna, CMC, Town Clerk

APPROVED AS TO FORM:

Marshall Keith Martin, Town Attorney

FIRM

By: ________________________________

EXHIBIT A

SCOPE OF SERVICES

Firms 's Duties

During the term of this Agreement, the firm shall perform the following duties, as directed by the Town:

• shall

• shall

• shall

Firm 's Deliverables

In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: