REQUEST FOR PROPOSALS

Sunlight Booster Pumping Station — Site Selection and Engineering Design Services

City of Steamboat Springs, Colorado — Utilities Division RFP Due September 23, 2026 5pm

1. Introduction

The City of Steamboat Springs is soliciting proposals from qualified engineering firms to provide site selection and full design services for a new Sunlight Booster Pumping Station (BPS), a critical facility intended to maintain adequate pressure, fire flow capacity, and long-term reliability for the West Steamboat water distribution system. The BPS must be fully operational by October 31, 2029.

The selected firm will lead the project from preliminary planning through complete, stamped, bid-ready construction documents, including site evaluation, hydraulic and structural design, regulatory coordination, and bid-phase support.

Proposals must be submitted via electronic submission on BidNet (https://www.bidnetdirect.com /colorado/cityofsteamboatsprings) no later than September 23, 2026 at 5 PM MDT as specified on the solicitation notice. Time is local time in Steamboat Springs, Colorado. Late proposals will not be accepted. If you need assistance, please contact BidNet’s Vendor Support Department at 800-835-4603.

2. Project Background

The Sunlight Subdivision and adjacent West Steamboat service area are approaching the limits of existing pressure and fire-flow capacity as demand grows. A new BPS is required to establish a resilient, independently pressurized zone capable of meeting current and projected demands, including fire suppression requirements under the applicable fire code and Insurance Services Office (ISO) criteria.

https://www.bidnetdirect.com/colorado/cityofsteamboatsprings

Figure 1 - Sunlight Subdivision

The City does not currently own a parcel suitable for this facility. The selected consultant will be responsible for identifying, evaluating, and recommending a site based on hydraulic performance, constructability, and regulatory compliance. Property acquisition will be handled directly by the City following the consultant’s recommendation.

At minimum, the facility shall include:

• Booster pumps in a redundant, N+1 configuration sized to meet peak hour demand (PHD) and maximum day demand plus fire flow (MDD + FF), per CDPHE Design Criteria for Potable Water Systems (Policy 11, current edition)

• A hydropneumatic or pressure tank, nominal capacity 10,000 gallons, sized to prevent short-cycling under low-flow conditions

• Pressure-reducing valves (PRV) and vaults to manage transitions between pressure zones, including surge/water hammer mitigation

• Standby power generation sized for full facility load, automatic transfer switch (ATS), and SCADA integration consistent with the City’s existing telemetry standard

• Complete civil, structural, mechanical, electrical, and HVAC systems for a self-sufficient, unmanned facility, designed for a minimum 50-year structural service life

3. Schedule

The City requires the BPS to be operational by October 31, 2029. Firms shall propose a schedule that meets or improves on the following anticipated milestones. Dates are planning-level and subject to refinement during Task 1.

Table 1 - Project Schedule Milestone Target Date RFP Issued August 18, 2026 Q&A Deadline September 14, 2026 at 5pm MDT Addendum 1 with Q&A published September 17, 2026 at 5pm MDT RFP Due September 23, 2026 at 5pm MDT Notice to Proceed September 25, 2026 Site selection complete/recommended site to City November 30, 2026 30% Preliminary Engineering Complete January 2027 60% Design & CDPHE/Development Review Submittal May 2027 CDPHE Construction Approval received October 2027 County/City Development Review Approval December 2027 90% Design complete December 2027 Bid-ready documents issued February 2028 Bid-phase support/Notice of Award May 2028 Construction May 2028 – October 2029 Startup, testing, and commissioning October 31, 2029

Firms should identify schedule risks in their proposal, particularly regarding property acquisition timing, CDPHE review duration, and long-lead equipment procurement (pumps, generator, switchgear), and propose mitigation strategies.

Questions will be asked in Bidnetdirect.com only through the question portal.

4. Scope of Work

Task 1 — Project Management & Coordination

Develop a Project Management Plan (PMP) addressing schedule, quality control/quality assurance (QC/QA) procedures, risk management, and communication protocols. Conduct regular progress meetings with City staff.

Deliverables: PMP, meeting agendas and minutes, monthly progress reports and schedule updates.

Task 2 — Site Selection

2.1 Siting Criteria Development

Establish siting criteria in coordination with City staff, incorporating hydraulic grade line (HGL) requirements, zoning and setback constraints, environmental sensitivities (wetlands, floodplain, wildlife habitat), proximity to existing transmission mains, CDPHE separation and access requirements, and constructability (grading, geotechnical risk, access for construction and maintenance vehicles).

2.2 Parcel Screening & Evaluation

Conduct GIS-based screening and field reconnaissance of candidate parcels. Evaluate each against elevation relative to required HGL, distance to tie-in points, utility availability (power, communications), access, and compatibility with adjacent land use. Produce a weighted evaluation matrix and conceptual site layouts for the top-ranked candidates.

2.3 Property Acquisition Support

Provide technical documentation, comparative analysis, and a recommended site to support the City’s acquisition process. The City retains responsibility for negotiation and acquisition.

Deliverables: Siting report, weighted evaluation matrix, conceptual layouts, recommended site memorandum.

Task 3 — Survey, Geotechnical Investigation & Utility Locates (Optional / Additional Service)

Upon site selection, the City may authorize topographic survey, subsurface geotechnical investigation (borings, soil bearing capacity, groundwater depth, seismic site class), and utility locates to support design and cost estimating.

Deliverables: Survey base file, geotechnical report with foundation recommendations, utility locate documentation.

Task 4 — 30% Preliminary Engineering

The consultant shall coordinate directly with City staff to incorporate the proposed BPS and associated pressure zone changes into the City’s existing hydraulic model, maintained in WaterCAD. The City will provide the current model file; the consultant is responsible for verifying model accuracy at the project site and updating the model to reflect final design conditions through project closeout.

Using the updated hydraulic model, confirm system demand and pressure requirements and develop preliminary facility layout, pump configuration and total dynamic head (TDH) calculations, structural concept, site plan, and electrical/SCADA architecture. Prepare a Basis of Design Report (BDR) and Class 3 (AACE) opinion of probable construction cost (OPCC).

Deliverables: Updated WaterCAD model file, BDR, 30% drawings, preliminary OPCC.

Task 5 — 60% Design & Regulatory Submittals

Advance all disciplines to 60% completion incorporating City review comments. Prepare and submit the CDPHE Construction Approval application and City Development Review package.

In addition to CDPHE approval, the consultant shall identify all other permits required for the project and provide full application assistance, including but not limited to:

• Floodplain development permit (if applicable)

• Routt County or City Development Review Process

• Routt County or City grading/erosion control permit

• CDPHE Construction Dewatering or Stormwater (CDPS) permit, if required

• Colorado Parks & Wildlife or U.S. Army Corps of Engineers coordination, if wetlands or sensitive habitat are present

• Utility provider coordination and service applications (Xcel Energy or YVEA, for standby power/ATS interconnection)

The consultant shall track permit status, respond to agency comments, and maintain a permitting log for City visibility. Update the OPCC to Class 2/3 accuracy.

Deliverables: 60% plan set, CDPHE submittal package, Development Review submittal, permitting log and all permit application packages, updated OPCC.

Task 6 — 90% Design

Incorporate CDPHE and City review comments, complete interdisciplinary coordination and clash detection, and finalize technical specifications. Update OPCC to Class 2 accuracy.

Deliverables: 90% drawings, technical specifications (Division 1–49 format), updated OPCC.

Task 7 — Bid-Ready Construction Documents

Finalize and stamp the complete construction package: drawings, Division 0 project manual, Division 1–49 technical specifications, and conformed Class 1 OPCC.

Deliverables: Final stamped construction documents, project manual, conformed OPCC.

Task 8 — Bid-Phase Support

Respond to contractor RFIs, prepare addenda, attend the pre-bid meeting, and assist with bid tabulation, responsiveness/responsibility review, and recommendation of award.

Deliverables: RFI/addenda log, bid tabulation, recommendation of award memorandum.

5. Proposal Requirements

Proposals shall include:

1. Project understanding and technical approach

2. Relevant experience, with emphasis on booster pump station design, hydraulic modeling, and CDPHE-regulated potable water projects

3. Key staff qualifications and resumes, including licensed PE(s) of record

4. Proposed project schedule

5. Fee proposal with task-by-task cost breakdown

6. Minimum of three references from comparable completed projects

6. Evaluation Criteria

Proposals will be evaluated on: clarity of project understanding; technical approach and design methodology; demonstrated experience with booster pump stations and hydraulic modeling;

qualifications of key staff; schedule feasibility; and overall value.

The City may conduct interviews with any or all consultants that submit proposals to make the final selection. All consultants that are invited for interviews will be notified one week in advance.

The City will evaluate responsive proposals and may select two or more consultants to be fully qualified and best suited among those submitting proposals, on the basis of the factors listed above. Further information, negotiations and requests for Best and Final Offer may be requested from all the consultants so selected. Costs and compensation will generally be considered but is not the sole determining factor. In many cases, other factors, including but not limited to experience, financial and professional capacity, references, service, warranties, proposed approach, life cycle costs, etc. are more important than the initial cost. After the evaluation, information gathering, and further negotiation is completed, the City shall select the consultant who, in its opinion, best meets the need of the City, and shall award the contract to that consultant.

Should the City determine, in its sole discretion, that only one consultant is fully qualified, or is clearly more qualified than the others under consideration, a contract may be negotiated and awarded to that consultant.

The City of Steamboat Springs reserves the right to reject any or all bids and proposals, to waive informalities or irregularities in the proposals received, and to reject non-conforming, non-responsive, conditional or qualified proposals, and to accept the bid/proposal, in whole or in part, which, in the City’s judgment best serves the interest of the City of Steamboat Springs and its citizens.

7. Employment Discrimination by Contractor Prohibited

During the performance of a contract awarded pursuant to this advertised “Request for Proposal”, the contractor agrees as follows:

A. The vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. The vendor, in all solicitations or advertisements for employees’ places by or on behalf of the vendor, will state that such contractor is an equal opportunity employer.

C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purposes of meeting the requirements of this section.

D. Engineer shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof.

8. Insurance Requirements

Vendor shall provide at its own expense the following insurance for itself and its employees in connection with their work under this project:

a. Worker’s Compensation: Statutory

b. General Liability: $1,000,000 each occurrence and $2,000,000 aggregate

c. Auto Liability Insurance: $1,000,000 each occurrence and $1,000,000 aggregate

d. Professional Liability: $1,000,000 each occurrence and aggregate

The vendor/contractor shall indemnify and hold harmless the City against and from all liability, claims, damages, demands and cost, including attorney fees of every kind and nature and attributable to bodily injury, sickness, disease or death or to damage or destruction of property resulting from or in any manner arising out of or in connection with the project and the performance of the work under this contract.

9. General Conditions

Proposals must be submitted via electronic submission on BidNet (https://www.bidnetdirect.com /colorado/cityofsteamboatsprings) no later than September 23, 2026 at 5 PM MDT as specified on the solicitation notice. Time is local time in Steamboat Springs, Colorado. Late proposals will not be accepted. If you need assistance, please contact BidNet’s Vendor Support Department at 800-835-4603.

Submittals shall be firm for a period of 90 days commencing September 23, 2026.

Any person or agency on the U.S. Attorney General’s list of ineligible contractors will not be considered.

The offeror certifies by signing this proposal that this proposal is made without prior understanding, agreement or accord with any other person submitting a proposal for the same product or service and that this proposal is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person engaged in the same line of business or commerce.

Any false statement hereunder constitutes a felony and can result in a fine and imprisonment as well as civil damages.

The company awarded this contract or purchase order shall be required to comply with all State and Federal requirements related to the contract.

Proposals shall be considered public information unless advised otherwise by the proposer.

Proposer shall include a separate letter stating which parts of the Proposal are deemed confidential and/or proprietary information not to be released.

The submitted proposal will become a part of any contract or Purchase Order issued for this project.

Each Proposer will not be compensated for their work in preparing a proposal.

The City’s standard Agreement is attached to this RFP. The selected consultant will be expected to execute this contract. Please review these contract terms and conditions to ensure this project is a good fit for your company, as you will be required to sign them to work with the City. Should your firm have any suggested revisions to the standard Agreement, consultants shall provide these in their proposal. There is no guarantee that the City will accept any suggested revisions.

AN AGREEMENT BY AND BETWEEN THE CITY OF STEAMBOAT SPRINGS, A MUNICIPAL

CORPORATION, AND _________________________________ FOR

_________________________________ IN STEAMBOAT SPRINGS, COLORADO

SECTION 1 - PARTIES

The parties to this Agreement are the City of Steamboat Springs, Municipal Corporation, hereinafter referred to as the "City", and ______________________________________, hereinafter referred to as the "Engineer".

SECTION 2 - RECITALS AND PURPOSE

2.1 The City desires to engage the Engineer for the purpose of

2.2 The Engineer represents that it has the special expertise and background necessary to provide the City with the services.

SECTION 3 - SCOPE OF SERVICES

The Engineer agrees to provide the City with the specific professional services as set forth in Exhibit "A" attached hereto and incorporated herein by reference.

SECTION 4 - COMPENSATION

4.1 The City shall pay the Engineer for services under this agreement a total not to exceed the amount set forth in Exhibit "A". Such amount shall be inclusive of all costs of whatsoever nature associated with the Engineer's efforts, including but not limited to salaries, benefits, expenses, overhead, administration, profits, and outside consultant fees. No hourly charges shall exceed the hourly rates identified in Exhibit "A". The scope of services and payment therefore shall only be changed by a properly authorized amendment to this Agreement. No City employee has the authority to bind the City with regard to any payment for any services which exceeds the amount payable under the terms of this Agreement.

4.2 The Engineer shall submit monthly a detailed invoice to the City describing the professional services rendered. The invoice shall document the hours spent on the project identifying by work category and subcategory the work performed for the month, the hours worked by employee, and the hourly rate charged for that work. The City shall have access to backup payroll documentation identifying individual employee, date, and hours worked. The City shall pay the invoice within thirty (30) days of receipt unless the work or the documentation therefore are unsatisfactory. Payments made after thirty (30) days may be assessed an interest charge of one percent (1%) per month unless the delay in payment resulted from unsatisfactory work or documentation, therefore. Payment shall be made for work performed in proportion to the percentage of the task completed.

SECTION 5 - PROJECT REPRESENTATION

5.1 The City designates _______________________________ as the responsible City staff member to provide direction to the Engineer during the conduct of the project. The Engineer shall comply with the directions given by ___________________________.

5.2 The Engineer designates __________________________ as the Project Manager. The City may rely upon the guidance, opinions, and recommendations provided by the Engineer and

For reference only, Citys engineering contract its representatives. Should any of the representatives be replaced, particularly ______________________, and such replacement requires the City or the Engineer to undertake additional reevaluations, coordination, orientations, etc., the Engineer shall be fully responsible for all such additional costs and services.

SECTION 6 - TERM

The Engineer's services under this Agreement shall commence on _________________, 2026 and shall be completed by __________, _____ 2026.

SECTION 7 - NON-APPROPRIATION

Each party hereto agrees that the revenues and expenditures hereunder shall constitute current expenditures and revenues payable and receivable in the fiscal years for which funds are appropriated for the payment thereof. The obligations of the City under this agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation or any obligation payable in any fiscal year beyond the fiscal year for which funds are appropriated for the payment thereof or payable from any funds other than funds appropriated for the payment of current expenditures. No provision of this agreement shall be construed to pledge credit or to create a lien on any class or source of the City’s monies.

SECTION 8 - INSURANCE

8.1 The Engineer shall procure and maintain, and shall cause each contractor and subcontractor of the Engineer to procure and maintain, the minimum insurance coverages listed below. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Engineer pursuant to this Agreement. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured by the Engineer to maintain such continuous coverage.

8.1.1 Worker's Compensation insurance as required by the Labor Code of the State of

Colorado and Employers Liability Insurance. Evidence of qualified self-insured status may be substituted.

8.1.2 General Liability insurance with minimum combined single limits of ONE MILLION

DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall include the City of Steamboat Springs, its officers and its employees, as additional insured, with primary coverage as respects the City of Steamboat Springs, its officers and its employees, and shall contain a severability of interests provision.

8.1.3 Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of Engineer’s owned, hired and/or non-owned vehicles assigned to or used in performance of the services. The policy shall include the City of Steamboat Springs, its officers and its employees, as additional insured, with primary coverage as respects the City of Steamboat Springs, its officers and its employees, and shall contain a severability of interests provision.

If the Engineer has no owned automobiles, the requirements of this paragraph shall be met by each employee of the Engineer providing services to the City under this contract.

8.1.4 Professional Liability coverage with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate.

8.2 A certificate of insurance shall be completed by the Engineer's insurance agent(s) as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the City’s Procurement & Contracting Supervisor prior to commencement of any services under the contract.

8.3 The parties hereto understand and agree that the City is relying 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 C.R.S. et seq., as from time to time amended, or otherwise available to the City, its officers, or its employees.

SECTION 9 - INDEMNIFICATION

The Engineer agrees to indemnify and hold harmless the City, and its officers and its employees, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, violation, penalty, fine, or damage, which arise out of or are in any manner connected with the services to be performed by the Engineer under this contract, if such injury, loss, violation, penalty, fine, or damage is caused by, the negligent act, omission, or errors of the Engineer or any officer or employee of the Engineer. The obligations of this Section 9 shall not extend to any injury, loss, violation, penalty, fine, or damage which is caused by the act, omission, or other fault of the City.

SECTION 10 - INDEPENDENT CONTRACTOR

Engineer and any persons employed by Engineer for the performance of work hereunder shall be independent contractors and not agents of the City. Any provisions in this Agreement that may appear to give the City the right to direct Engineer as to details of doing work or to exercise a measure of control over the work mean that Engineer shall follow the direction of the City as to end results of the work only. As an independent contractor, Engineer is not entitled to workers' compensation benefits except as may be provided by the independent contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the independent contractor or some other entity. The Engineer is obligated to pay all federal and state income tax on any monies earned or paid pursuant to this contract.

SECTION 11 - ASSIGNMENT

The Engineer shall not subcontract all or any portion of the work called for in this Agreement without the written permission of the City. Such permission shall not be unreasonably denied. Such permission, if any is granted, shall in no way lessen the responsibility of the Engineer to perform in accordance with this Agreement and shall in no way create any relationship, contractual or otherwise, between the City and any subcontractor.

SECTION 12 - DISPUTE RESOLUTIONS

All claims, disputes and other matters in question between the parties to the Agreement, arising out of or relating to the Agreement shall be resolved by negotiation between the Project Representatives as listed in Section 5. If these people cannot resolve this matter, it shall be referred for negotiation and resolution by the Steamboat Springs City Manager and the principals for the Engineer. Nothing herein shall be constructed to limit either party’s right to pursue resolution of disputes through the judicial process.

SECTION 13 - REUSE OF DOCUMENTS

All documents, including, but not limited to, drawings and specifications prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by the City or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at City’s sole risk and without liability or legal exposure to Engineer. Any verification or adaptation of documents will entitle Engineer to additional compensation at rates to be agreed upon by City and Engineer.

SECTION 14- NOTICE

All notices, communications, or written devices concerning this Agreement shall be mailed by certified mail, return receipt requested, to the addresses listed below. Notices shall be deemed received on the date of delivery indicated on the return receipt.

CITY OF STEAMBOAT SPRINGS

c/o Legal Department 115 10th Street Steamboat Springs, CO 80487

CONTRACTOR

SECTION 15 - TERMINATION

15.1 This Agreement may be terminated by either party for material breach or default of this Agreement by the breaching party not caused by an action or omission of the non-breaching party by giving the breaching party written notice at least fifteen (15) days in advance of the termination date. Termination pursuant to this subsection shall not prevent either party from exercising any other legal remedies which may be available to it.

15.2 In addition to the foregoing, this Agreement may be terminated by the City for its convenience and without cause of any nature by giving written notice at least seven (7) days in advance of the termination date. In the event of such termination, the Engineer will be paid for the reasonable value of the services rendered to the date of termination, not to exceed the total amount set forth in Exhibit "A", and upon such payment, all obligations of the City to the Engineer under this Agreement will cease. Termination pursuant to this Subsection shall not prevent either party from exercising any other legal remedies which may be available to it.

SECTION 16 - INSPECTION

The City and its duly authorized representative shall have access to any books, documents, papers, and records of the Engineer that are related to this Agreement for the purpose of making audit, examination, excerpts, and transcriptions.

SECTION 17- ENFORCEMENT

In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs.

SECTION 18- VENUE AND CHOICE OF LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to the conflicts of laws principles thereof. This agreement may be enforced in any Colorado state court sitting in Routt County in the 14th Judicial District, Colorado;

each party consents to the jurisdiction and venue of any such court and waives any arguments that venue in such forum is inconvenient. In the event either party commences any action in another jurisdiction or venue under any tort or contract theory arising directly or indirectly from the relationship in the Agreement, the City, at its option, shall be entitled to have the case transferred to the jurisdiction and venue above described, or if such transfer cannot be accomplished under applicable law, to have such case dismissed without prejudice.

SECTION 19 - RESPONSIBILITIES OF ENGINEER

19.1 The standard of care applicable to Engineer shall be the degree of skill and diligence normally employed by professional engineers performing the same or similar services under similar circumstances. Engineer shall re-perform any services not meeting this standard without additional compensation.

19.2 City’s review, approval, acceptance of, or payment for any of the services required under the Agreement shall not be construed to operate as a waiver of any rights under the Agreement and Engineer shall be and remain liable to City in accordance with applicable law for damages to City caused by Engineer’s negligent performance of the professional services furnished under this Agreement.

19.3 At the request and discretion of the City, Engineer shall attend periodic performance review meetings held during the period of their performance of services hereunder.

19.4 Engineer shall assist City in the investigation and cooperate in the defense of any claims which arise from the designs prepared by Engineer. It is expressly understood that said assistance shall not be construed to include a duty to defend City or to provide expert testimony without compensation. In the event Engineer is deemed negligent as defined in section 19.1, by a trier of fact, assistance shall be at no cost to City.

19.5 City reserves the right to inspect Engineer’s work in progress. Engineer shall not deviate from designs or concepts approved by the City. Engineer shall revise its work in accordance with the written directions of City’s designated representative. Whenever said work is revised, if the original work did in fact meet City’s specifications and if the work sought to be revised had previously been performed pursuant to and consistent with the Scope of Work and was consistent with the standard of care as set forth in section 19.1, Engineer shall be entitled to additional compensation.

SECTION 20 - RESPONSIBILITIES OF CITY

It shall be the responsibility of the City to:

20.1 Provide all criteria and full information as to the City’s requirements for the Project.

20.2 Coordinate for review and approval from all appropriate local planning and building departments, councils, and commissioners.

20.3 Compensate the Engineer for services rendered in accordance with this Agreement and any Attachments.

20.4 Promptly execute change orders, pay requests, and provide directives as required by the Engineer.

SECTION 21 - INTEGRATION AND AMENDMENT

This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties.

SECTION 22- CONSTRUCTION OF CONTRACT DOCUMENTS

In the event there is a conflict between a provision of this Agreement and a provision of any Exhibits, the provisions of this Agreement shall prevail.

SECTION 23 –EQUAL OPPORTUNITY EMPLOYER

23.1 Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. Engineer will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, disability, or national origin. Such action shall include but not be limited to the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws.

23.2 Engineer shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof.

23.3 Engineer shall comply with federal statutes and requirements cited in 49 C.F.R. 18.36(I) (3), (4), (5), (6), (12) and (13).

23.4 Engineer shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the City; for payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals.

SECTION 24 – REMEDIES

In addition to any other remedies provided in this Agreement, the City in its sole discretion may exercise any and/or all of the following remedial actions, either individually or simultaneously, if the Engineer substantially fails to satisfy or perform the duties and obligations in this Agreement. Substantial failure to satisfy the duties and obligations shall be defined to mean insufficient, incorrect, improper activities or inaction by the Engineer. These remedial actions are as follows:

24.1 Suspend Engineer’s performance pending necessary corrective action as specified by the City; and/or

24.2 Withhold payment to Engineer until the necessary services or corrections in performance are satisfactorily completed; and/or

24.3 Request the removal from work on the contract of employees or agents of Engineer whom the City justifies as being incompetent, careless, insubordinate, unsuitable or otherwise unacceptable, or whose continued employment on the Agreement is deemed to be contrary to the public interest or not in the best interest of the City; and/or

24.4 Deny payment for those services or obligations which have not been performed and which due to circumstances caused by Engineer cannot be performed or if performed would be of no value to the City. Denial of the amount of payment must be reasonably related to the amount of work or performances lost by the City; and/or

24.5 Terminate the Agreement immediately without the required notice and without liability, including termination for costs.

SECTION 25– RIGHTS IN DATA, REPORTS, DOCUMENTS AND COMPUTER SOFTWARE

Any software, research, reports, studies, estimates, data, photographs, negatives or other documents, drawings or materials prepared by the Engineer in the performance of its obligations under this Agreement shall be the exclusive property of the City and all such materials shall be delivered to the City by the Engineer upon completion, termination, or cancellation of this Agreement. Engineer may, at its own expense, keep copies of all its writing for its personal files.

Engineer shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of Engineer’s obligations under this Agreement without prior written consent of the City; provided, however, that Engineer shall be allowed to use non-confidential materials for writing samples in pursuit of the work. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use written works.

SECTION 26 – ACCESSIBILITY

Engineer shall comply with, and all software, work product, documents, services, and deliverables of any kind provided under this Agreement shall be accessible and in compliance with, all applicable provisions of §§24-85-101, et seq., C.R.S.

The Engineer shall comply with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. Section 24-85-103.

The Engineer shall indemnify, hold harmless, and assume liability on behalf of the City, and the City’s 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 City in relation to the Engineer’s noncompliance with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. Section 24-85-103.

Notwithstanding the foregoing, if at any time Engineer breaches the requirements of this Section and/or delivers software, work product, documents, services, and/or deliverables that are non-compliant with Colorado accessibility law and that City determines cannot be resolved to the City’s satisfaction, in addition to any other rights or remedies of the City hereunder, the City shall have the right to terminate the Agreement.

SECTION 27 – MAINTENANCE OF RECORDS

The Engineer shall maintain a file of all records, documents, communications, and other written materials which pertain to the operation of programs or the delivery of services under this Agreement, and shall maintain such records for a period of three (3) years after the date of termination of this Agreement or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. All such records, documents, communications and other materials shall be the property of the City, and shall be maintained by the Engineer in a central location and the Engineer shall be custodian on behalf of the City.

SECTION 28 - SEVERABILITY

Any provision of this Contract which is determined to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect.

Dated this ______ day of ______________________________ , 2026

CITY OF STEAMBOAT SPRINGS,

A Municipal Corporation

Tom Leeson City Manager

ENGINEER