biddoc.pdf

Request for Proposal

Construction Management Services for Coal Creek Channel Restoration and Flood Control

Town of Erie Project Number P23-644CM

Town of Erie 645 Holbrook Street Erie, Colorado 80516

September 16, 2026

Table of Contents

Invitation to Propose Project Background and Description Project Manager Information Scope of Work Submittal and Evaluation Criteria Selection Process Selection and Performance Schedule

Attachments:

1. Sample Agreement for Professional Services

2. Project Overview Coal Creek Channel Restoration and Flood Control

Invitation to Propose

Electronic Proposals will be received by the Town of Erie (the “Town”) through the Rocky Mountain E-Purchasing System (“RMEPS”), until 1:00 p.m., local time, October 15, 2026 for the Construction Management Services for Coal Creek Channel Restoration and Flood Control (P23-644CM), Proposals will be time-stamped by RMEPS upon receipt.

Proposal Submittals: All proposals must be submitted electronically using the portal at https://www.bidnetdirect.com/colorado.

The required Proposal documents must be received in the RMEPS submission portal on or before the Proposal due date and time. Hardcopy submittals will not be accepted. It is the Proposer’s sole responsibility to ensure all required Proposal documents are submitted through RMEPS by the submission deadline. RMEPS does not allow for uploading Proposal documents after the Proposal due date and time has closed.

Proposals will be time-stamped by RMEPS upon receipt. After uploading proposal documents, Proposers must click the SUBMIT button. The Town will not accept uploads that are “saved” but not “submitted”. To verify that a Proposal has been submitted successfully, Proposers may contact BidNet Support or verify, via the Bid Management tab in Proposer’s account, that the documents are not in “Draft” status.

The Town does not have access to or control of the vendor side of RMEPS. If website or other problems arise during response submission, vendor MUST contact RMEPS to resolve issue prior to the response deadline at 800-835-4603.

A brief summary of Work for which the Proposal is requested consists of:

Construction management services from a qualified professional engineering firm for providing construction administration support, project engineering services, inspection, material testing services for the Coal Creek Channel Restoration and Flood Control project in the Town of Erie.

Request for Proposal documents will be available after 5:00 pm on September 16, 2026 and may be obtained from the RMEPS website at https://www.bidnetdirect.com/colorado. All questions related to this Proposal should be submitted through the RMEPS website by 1:00 pm local time, on October 8, 2026. All answers to questions received will be sent in a formal addendum (if needed), by October 9, 2026.

An in-person pre-proposal conference with representatives of prospective Proposers will be held at 9:30 am, local time, in the Town of Erie Council Chambers at 645 Holbrook Street, Erie, Colorado, on September 22, 2026.

https://www.bidnetdirect.com/colorado

Representatives of the Town will be present to discuss the Project. Prospective Proposers are invited to attend and present questions relative to this Proposal at this conference. Attendance at this meeting is not a requirement for presentation of a Proposal.

Questions submitted prior to this meeting will be included in the meeting agenda with answers.

The Town assumes no responsibility for payment of any expenses incurred by any respondent to this Invitation to Propose.

The Town of Erie is an Equal Opportunity Employer.

Dated this 16th day September, 2026.

Town of Erie, Colorado

Project Background and Description The Town of Erie is seeking construction management services from a qualified professional engineering firm providing construction administration support, project engineering services (construction management), inspection, and materials-testing services for the Erie Coal Creek Channel Restoration and Flood Control Project.

The 100% design of the creek restoration improvements was completed February 13, 2026.

The Town entered into a funding agreement with the State Office of Emergency Management for the design phase, the Town and the State are currently working on the agreement for funding the construction phase. The Town of Erie is a sub-application to FEMA for this channel restoration and flood project. The federal number is #7R HMGP4498.This Contract for Construction Management Services will not be federally funded.

This project will restore and relocate Coal Creek, replace the County Line Road and Kenosha Road bridges over Coal Creek, reconstruct portions of County Line Road and Kenosha Road, relocate town utilities and coordinate the relocation of other utilities in conflict with the improvements. A separate project for trail and walkway improvements will occur concurrently and will be incorporated into the overall construction management effort. The trail improvements are shown on the Erie Coal Creek Restoration and Flood Control plans by others. The trail has a separate plan set and possibly a different general contractor. The pay requests for the trail and walk project will be submitted separately from the Creek Restoration. The trail and walk are funded by other Town budgets and not by the FEMA grant.

INFRASTRUCTURE IMPROVEMENTS

• Relocation and restoration of Coal Creek

• Storm sewer improvements

• Relocation of potable and reclaimed waterlines

• Relocation of sanitary sewer interceptors

• Relocation of Town fiber line

• Adjusting manhole and valve covers

• Bridge removal and replacements

• Roadway reconstruction

• Restoration and revegetation

• New and replacement fencing

• Trail, walk improvements, and the pedestrian bridge structure separately and may have a different General Contractor

The Consultant shall provide construction management services through project completion which is anticipated to be third quarter of 2028. Consultant shall be responsible for completing the required Federal FEMA construction documentation, including but not limited to:

• Response to RFI’s

• Coordination with design engineers when RFI’s require a design change or design engineers’ input

• Review, provide comments and approve all submittals

• Coordination with design engineer if submittals require their input

• Coordination with contractor to ensure all materials testing is done according to specifications

• Provide construction assurance testing with a qualified geotechnical firm

• Provide construction inspection and inspection documentation for all improvements

• Change order review, recommendation, and preparation for Approvals

• Verification of contractor quantities

• Review and approve monthly pay applications

• Conduct weekly progress meeting including agenda and minutes to the meetings

• Contract and project close-out assistance

• Coordination of trail and walk improvements which will be bid separately and may have a different General Contractor

• Coordinate between creek restoration general contractor and trail and walk general contractor.

• Review of as-constructed plans to make sure all field changes are identified.

• Assistance with the preparation and submittal of requests for reimbursement

(RFR) to Colorado Department of Homeland Security and Emergency Management.

DESIRED QUALIFICATIONS

The Consultant will have the following desired qualifications:

• Advanced experience in constructing stream projects, including:

o Riffle and pool construction with the ability to provide guidance for necessary field adjustments for natural systems o Void-filled riprap mixing, adjusting, and placement o Bio-stabilization installations and alternatives (willow sills, root wads, etc.)

• Advanced experience with construction of various utilities, including: storm drains, sanitary sewer, sub-surface utilities, water line relocation and coordination of the relocation of outside utility providers.

• Advanced experience with the construction of vehicular bridges, roadway expansion, and pedestrian bridge projects.

• Knowledge in floodplain regulations and construction tolerances related to floodplain permitting

CONSTRUCTION STANDARDS

All construction shall be done in accordance with the latest edition of the applicable standards including, but not limited to, the following:

• CDOT M & S Standards

• CDOT Standard Specifications for Road and Bridge Construction

• Manual on Uniform Traffic Control Devices

• Americans with Disabilities Act Accessibility Guidelines. U.S. Department of

Justice, United States Access Board

• Town of Erie Design and Construction Standards for Public Improvements

• Mile High Flood Control District (formerly Urban Drainage Flood Control District)

Storm Drainage Design and Technical Criteria

Public Relations

• Coordination between design engineer, Town and contractor

• Be proactive in providing public information for upcoming phases of construction

• Work closely with the Town’s communications department to provide updates for public release.

• Provide response to citizen concerns.

• Coordination with the Town’s Utility department for scheduling relocation of

Town utilities

• Coordinate with outside utility companies for scheduling relocation of all utilities.

• The Consultant shall plan to provide public outreach for the project through project completion.

AGENCIES AND INTERESTED STAKE HOLDERS

• Town of Erie

• Colorado Department of Homeland Security and Emergency Management

• Mile High Flood Control District

• Boulder County Open Space

• Adjacent property owners

• Saint Vrain Valley School District

• Mountain View Fire Rescue

• Nearby businesses

• Utility companies

• The Design engineer

The Consultant will work closely with the Town of Erie Project Manager to perform construction management services along with construction administration, inspection, public outreach and coordination.

Project Manager Information The Project Manager for this project is Wendi Palmer. All questions related to this Proposal should be submitted through the RMEPS website by 1:00 pm local time, on October 8, 2026. All answers to questions received will be sent in a formal addendum (if needed), by October 9, 2026. No phone calls will be accepted. Questions are encouraged to be submitted prior to October 8, 2026. All questions will be answered in an addendum as soon as practical after submission. Questions submitted prior to the Pre-Proposal meeting will be included in the Pre-Proposal agenda.

Scope of Work The awarded Consultant shall provide applicable services consisting of, but not limited to, the following:

I. CONSTRUCTION ADMINISTRATION SUPPORT

A. GENERAL SERVICES

• Review the Contractor’s safety critical work plans, method statements, procedures, working drawings, shop drawings, PE engineered plans and drawings, demo plans, erection plans, etc. for compliance with contract requirements.

• Coordinate closely with the Town of Erie and FEMA representatives overseeing the project administration during the project to assure quick closeout of the project at completion.

• Assist with providing documentation to the Town as needed to prepare FEMA/State Request for Reimbursement’s (RFR’s) on the project.

• Coordinate with the Town of Erie representatives including all departments involved with the project. Assist in coordination/contact with adjacent project Contractors, utility company representatives, adjacent property owners, and citizens with respect to construction activities.

• Collect, review and verify that all project documentation is properly prepared and submitted by the Construction Contractor. Assist with providing documentation to the Town as needed for project management and documentation control.

• Manage requests for submittals, including the Designer of Record, and provide updated submittal logs including a CMO log, an RFI log, and Over/Under Pay Quantity reports based on Monthly Pay Applications.

• Prepare responses in coordination with Town staff and the Design Project Engineer of Record to the Contractors' Requests for Information (RFI’s), submittals, claims, and correspondence.

• Prepare Weekly Time Count reports to track contract time.

• Prepare Change Orders if necessary and coordinate closely with the

Town on changes in the field and negotiations with the contractor.

• Issue written memos to the Contractor to go forward on changes, if necessary, in advance of the change order execution if approval for the change is time sensitive.

• Review and work with the Contractor to come to agreement on the monthly pay estimates initially prepared by the Contractor and make recommendations to Town Staff for payment.

• Close out the project and prepare final project documentation, including any documentation as required by Federal FEMA requirements.

B. BID PHASE SERVICES

• Consultant will assist the Town in reviewing and providing comments on the bid package prior to advertising for bid.

• Constructability Review of plans and specification, if necessary prepare an addendum if modifications are needed.

• Consultant will attend and participate in a pre-bid meeting, including preparation of pre-bid meeting agenda and minutes to the meeting.

• In coordination with Town PM, help draft responses to written questions submitted by interested bidders, draft plan and specification revisions as necessary to address issues and provide clarifications, and assist in issuing support documents for bid addendums.

• Consultant will assist the Town in evaluating the submitted construction bids including compiling and summarizing bid tabulations, performing bid analysis and providing recommendations and response evaluation of bid clarification questions.

C. PRE-CONSTRUCTION AND CONSTRUCTION SERVICES

The Consultant will coordinate with the contractor, Town staff, the design consultant’s team, and outside entities regarding the project.

PRE-CONSTRUCTION SERVICES

• Contract Documentation preparation (including General Requirements, Special Provisions, Specifications and other documentation provided by the design Engineer of Record).

• Long lead identification, negotiation and procurement assistance

PRE-CONSTRUCTION MEETING

The Consultant will be required to coordinate and attend the pre-construction meeting. This meeting will include; the contractor, sub-contractors, the design consultant and their subconsultants, Town staff (including Public Works, Communications, and Parks), and others as required. The Consultant will be required to attend and manage the pre-construction meeting.

WEEKLY MEETINGS

Weekly meetings will be conducted with the contractor, Town staff, and others as required. The meetings will be held at Town Hall in person with a virtual option for those that cannot attend in person. At this meeting, the team will review the work completed, the work planned, discuss the schedule and make key decisions.

• Action items will be tracked, and a list will be kept with each agenda.

This list will denote who is responsible, when action is needed, and whether the action item is completed.

• Conference calls and/or Virtual meetings will also be used to provide project management updates.

• Meetings will be used to coordinate and track the work effort and resolve problems. The meetings will review the following:

o Safety Review o Schedule Review o Utility Coordination Status o Traffic Control Review o Quality Control/Inspection o Submittal Status o Request for Information Status o PCMO/CMO Status o Public Information Review o Environment/Erosion Control Status o Other Discussion Items

• Activities required to be completed since the last meeting and by the next meeting

• Problems encountered and effectiveness of previous meeting

• Solutions proposed for unresolved and anticipated issues

• Coordination information or items required from other agencies and stakeholders

PUBLIC RELATIONS INFORMATION

In coordination with the Town’s Project Manager, Communication Specialist and outside agencies, the consultant shall coordinate public notices and coordination with affected businesses and residents, as needed.

Develop and update contact lists and communication tracking spreadsheets.

Small group meetings with property owners, agencies, and business owners affected by the project.

Public information documentation is intended to disseminate project progress information to the public and representatives of local agencies.

Set up and manage a project hotline for receiving calls from the public.

II. PROJECT ENGINEERING

A. CONSTRUCTION OVERSIGHT AND MANAGEMENT

Oversee construction activities to verify compliance with design intent, plans, and specifications.

Perform construction inspection and materials testing services. If sub-consultant is performing testing services, oversee work and verify that correct process are followed and results are documented.

Review, analyze and monitor the Construction Contractor’s initial baseline schedule and updated project schedules. Bring any concerns to the Contractor and the Town’s attention.

Monitor project compliance with all permit requirements and the environmental related items daily in coordination with the Town’s staff for the duration of the construction work. Assist the Contractor and Town staff in monitoring the condition of stormwater BMPs, ensuring that the Stormwater Management plans are properly implemented and maintained.

Review and recommend for approval traffic control plans and Methods of Handling Traffic control (MHT’s) proposed by the Construction Contractor and coordinate with the appropriate Town staff on the plan approvals.

Perform the final project walk-through with the Town of Erie staff, State representatives and the Contractor. Assist in preparing punch lists of uncompleted work or work needing correction, outstanding documentation, and final documents to be submitted by the Contractor.

Work with the Contractor and the Town to ensure accurate red lines are being tracked that reflect construction details to be used in preparation of as-constructed plans (to be completed by the Design Engineer).

B. UTILITY COORDINATION

Consultant will coordinate with utility companies to identify and coordinate the required utility relocations. Consultant shall coordinate with the Town’s Project Manager to finalize utility clearances. Utility coordination shall occur as soon as possible. Affected utilities shall be notified and coordination kickoff meetings scheduled to discuss protection and/or relocation efforts.

C. PERMITS AND CLEARANCES

The Consultant will provide oversight of the permit requirements for any permits including the CDPS permit, the 404 permit, SB 40 requirements, and dewatering permit. Oversight includes checking that requirements are being met for all permitting and that the appropriate devices including BMP’s are in place and in working order. This includes ensuring appropriate documentation is being kept up to date, regular inspections are being performed, and that permit commitments and requirements are being met.

D. QUANTITY AND ITEM TRACKING

The Consultant shall measure all plan quantities installed as part of the construction process. Consultant shall coordinate with the contractor all quantities installed and be prepared to negotiate change orders, field directives, and stop work orders as necessary.

a. Review and prepare change orders

b. Review and approve interim and final contractor pay estimates and prepare documentation for RFRs.

c. Monitor force account work

d. Monitor monthly quantities and prepare monthly progress reports.

Provide documentation for contract pay items as work progresses, including measurement, collection of weigh tickets, and preparation of required documentation per the “Measurement and Payment” and “Basis of Payment” specifications.

III. INSPECTION SERVICES

A. General Inspection

Consultant shall provide inspection services in accordance with Federal Aid requirements, including:

• Observe and document construction activities on a full-time or as-needed basis.

Prepare daily field reports and maintain photographic documentation of work activities.

• Verify that all work complies with plans, specifications, special provisions, Town of Erie Design Standards, CDOT specifications, MHFD Standards, and the purpose of design.

• Inspect materials and methods of construction to verify compliance. Ensure that material certifications, letters of compliance, delivery tickets, and all supporting documents are submitted by the Contractor and approved prior to installation.

• Monitor and inspect work-zone traffic control devices. Work with the Town to review Traffic Control Plans, ensure proper implementation, and collect copies of Traffic Control Supervisor and Flagger certification cards.

• Inspect site for safety concerns and take appropriate action to ensure safety for all workers and the traveling public in accordance with approved Methods of Handling

Traffic (MHTs), the Manual of Uniform Traffic Control Devices (MUTCD), and the project plans and specifications.

• Monitor compliance with environmental commitments and permit requirements, including FEMA-related documentation requirements in accordance with Federal regulations.

• Prepare inspection reports, maintain a photographic log, and track contract time via Weekly Time Count reports executed weekly.

• Conduct final inspections, prepare a punch list, and verify completion of corrective work with the Town and the Contractor via a final project walk-through.

B. Pre-Stressed Girder Fabrication Inspection Inspection of girder fabrication in a Quality Assurance role, for conformance with the bridge girder plan sheets and approved shop drawings. Activities include verifying strands size and material grade; pre-tensioning of strands to the specified force; number and location of straight strands; number and location of harped strands, if any; number and location of debonding sleeves;

reinforcing steel size, spacing and location; interior void dimensions and location; girder exterior dimensions as determined by forms; concrete mix conforming to approved concrete mix; concrete placement; observing the fabricator’s concrete consolidation; observing the fabricator’s curing procedures; and observing finished girders.

Monitoring the fabricator takes concrete cylinders, fabricator’s concrete compressive strength for release of pre-tensioned strands, fabricator’s concrete compressive strength if girders are to be transported prior to 28 days, and fabricator’s 28-day concrete compressive strength.

Obtain concrete cylinders and determine the 28-day concrete compressive strength by testing in an independent third-party materials laboratory.

Obtain samples of the prestress strand with lot number and heat number.

Rather than conducting tensile strength tests and elongation tests on the strand samples at an out-of-state materials laboratory (no in-state materials laboratory existing for testing strand), save the strand samples in case materials testing is needed to resolve an unforeseen quality issue with the fabricated girders. As with previous projects, strand materials issues are extremely rare, and strand likely will not need to be tested.

Obtain copies of the fabricator’s Quality Control test results. Obtain certificates of compliance (COCs), certified test reports (CTRs), approved products listings (APLs), and pre-inspection forms.

Prepare Quality Assurance documents for the prestressed concrete girders, including Form 163.

Report any materials found to be out of compliance with the plans and specifications to the Town of Erie Project Manager. Provide information describing the nonconformance.

Obtain camber information from the fabricator prior to when the girders are to be transported from the fabrication plant. Communicate the camber information to the Town of Erie Project Manager.

Inspect the prestressed concrete girders visually prior to when the girders are to be transported from the fabrication plant.

Communicate status of girder fabrication progress and issues (if any) to the Town of Erie Project Manager.

C. Stream Construction Inspection

Review stream construction plans with the contractor prior to construction to ensure mutual understanding of design intent and expectations for the final product.

Observe and verify that all stream construction is done according to plans and meets design intent

Before installation, inspect all bio‑stabilization materials proposed for use within the floodplain, including cottonwood poles, willow sills, boulders, grouted river boulders, logs, root wads, and any approved alternatives. Confirm that materials meet project specifications and are suitable for placement within the floodplain environment.

Observe and inspect the placement and installation of all bio‑stabilization materials to verify that construction adheres to the design intent and that the installed features function appropriately within the system.

Observe and verify the mixing, placement, and adjustment of void-filled riprap and soil riprap within the low flow channel.

Review Erosion Sediment Control (ESC) documents with contractor prior to construction. Inspect ESC details, such as coir logs and erosion control blankets, are properly placed and installed according to the plans and details.

Review temporary stream diversion plan with contractor prior to construction.

Continually inspect stream diversion through the project for compliance with plans and specifications.

IV. MATERIAL TESTING SERVICES

Consultant shall provide testing services in accordance with CDOT and Federal Aid requirements, including:

• Sample, test and document all construction materials used for and incorporated into the project by the Town of Erie and appropriate CDOT specifications.

• The minimum number of tests required shall be in accordance with the schedule requirements in the CDOT Field Materials Manual. If additional pay items or quantities are added by Change Orders or plan approximate quantities are increased or decreased the test numbers will be adjusted accordingly. Provide testing documentation that meets requirements for the Town of Erie.

• Collect all Certificates of Compliance (COC’s) and Certified Test Results (CTR’s) required per project plans and specifications.

• Review and analyze materials submittals to properly conform to CDOT and the Town of Erie Design Standards and Specifications. Materials will be checked to ensure products are on the CDOT Approved Product List, Qualified Manufacture Lists, Pre- Approved Concrete Mix List, or other applicable list.

• Notify Contractors and the Town Project Manager of any materials non-compliance with the Contract Plans and Specifications. Provide corrective action.

recommendations to address out of compliance test results.

• Provide Owner’s Acceptance Materials Testing for concrete, earthwork, and other required materials. Submit all test results and observation reports to the Project Team and the Town.

• Provide on call Quality Assurance testing based on project standards and specifications as required.

• Review and approve material submittals.

V. ADDITIONAL SERVICES

As authorized in writing by the Town of Erie’s Project Manager, Consultant shall coordinate, support and perform any further services or assignments as needed and requested by the Town for the project, contingent upon additional fee, contract budget reallocations, and/or project funding negotiations. These services could include unforeseen and currently unidentified scope of services including but not limited to: additional agency coordination meetings, environmental clearance and permit efforts, post-design services and RFI efforts beyond what stipulated in the current scope of services.

Submittal and Evaluation Criteria All Proposals shall be submitted via the RMEPS website by the Proposer and must include the Proposer’s contact name, business name, business address, email address and telephone number. Proposals by partnerships must be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representatives. A complete list of partners must be included with the proposal. Proposals by a corporation must be signed in the official corporate name, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation, and shall display the corporate seal. Corporations must designate the state in which they are incorporated, the address of their principal office, and the name and address of their agent for service of process. All Proposals must be submitted electronically using the portal at https://www.bidnetdirect.com/colorado.

Please Note: Addenda may be issued for this RFP and will be posted online at https://www.bidnetdirect.com/colorado. Proposers shall ensure all addenda issued are acknowledged and responses thereto submitted along with the required Proposal Documents. Failure to submit such responses may result in disqualification of the respective Proposal.

The RMPES website offers both “free” and “paying” registration options that allow for full access of the Town’s documents and for electronic submission. (Note: “free” registration may take up to 24 hours to process. Please plan accordingly.)

The Town does not guarantee accurate information obtained from sources other than

RMEPS.

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, company address, phone number, email address, contact name, authorized signature, and date. Proposals should have a 12-page limit excluding cover letter and appendices.

A. Qualifications (30 points)

1. Firm Capability - Company resources. (10)

2. Project Team - Key project staff and resumes assigned to project.

Letter from Principal certifying the availability and commitment of staff assigned to the project. (15)

3. Work Location. (5)

B. Past Experience (30 points)

1. Relevant recent experience in construction management of FEMA funded projects. (20)

2. List of clients (2-5) for whom similar work has been done. Include contact name email address and phone number. (10)

C. Project Understanding and Approach (40 points)

1. The Qualifications shall include a detailed description of the firm’s understanding of the project based on the scope of work. (10)

2. Proposed approach to the project. (15)

3. Proposed approach to control project costs and project quality management. (15)

Fees

The proposal shall include a fee proposal with the following information in a separate sealed envelope as noted on the website:

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, experience, and approach. The Town may choose to interview the top 2- 3 ranked firms. Sealed fee proposals will only be opened for the top-ranked firm and negotiations (if necessary) will begin with the chosen firm.

The Professional Services Agreement will not be executed, and a Notice of Award issued until the following occurs: approval by the Town, and construction funding authorization from FEMA.

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. Any deviation from the Agreement must be approved by the Town Attorney.

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

Request for Proposal Available September 16, 2026 Preproposal Meeting 9:30 am, September 22, 2026 Last Day for Questions 1:00 pm, October 8, 2026 Final Addendum (if needed) October 9, 2026 Proposals Due 1:00 pm, October 15, 2026 Selections and Negotiations Complete October 23, 2026 Anticipated Notice of Award November 11, 2026 Anticipated Completion Date Third quarter of 2028

Agreement for Professional Services

This Agreement for Professional Services (the "Agreement") is made and entered into this _____ day of ____________, 2026 (the "Effective Date"), by and between the Town of Erie, a Colorado home rule municipality with an address of 645 Holbrook Street, P.O. Box 750, Erie, CO 80516, (the "Town"), and ________________, a Colorado ___________________ with a principal place of business at ____________________ ("Consultant"), each a "Party" and collectively the "Parties."

Whereas, the Town requires professional services; and

Whereas, Consultant 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. Consultant 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.

B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Consultant proceeds without such written authorization, Consultant 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 _____________, or until terminated as provided herein.

B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Consultant for all work previously authorized and completed prior to the date of termination. If, however, Consultant 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 Consultant, the Town shall pay Consultant an amount not to exceed $__________. This amount shall include all fees, costs, and expenses incurred by Consultant, and no additional amounts shall be paid by the Town for such fees, costs, and expenses. Consultant may submit periodic invoices, which shall be paid by the Town within 30 days of receipt.

IV. Professional Responsibility

A. Consultant 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 Consultant 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 Consultant hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.

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 Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform any work under this Agreement, except as expressly set forth in the Scope of Services.

D. Consultant shall at all times comply with all applicable law, including all federal, state and local statutes, regulations, ordinances, decrees and rules relating to the emission, discharge, release or threatened release of a hazardous material into the air, surface water, groundwater or land, the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a hazardous material, and the protection of human health and safety, including without limitation the following, as amended: the Comprehensive Environmental Response, Compensation and Liability Act; the Hazardous Materials Transportation Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Clean Water Act; the Clean Air Act; the Occupational Safety and Health Act; the Solid Waste Disposal Act; the Davis Bacon Act; the Copeland Act; the Contract Work Hours and Safety Standards Act; the Byrd Anti-Lobbying Amendment; the Housing and Community Development Act; and the Energy Policy and Conservation Act.

E. Consultant shall comply with the accessibility standards for an individual with a disability adopted by the State Office of Information Technology pursuant to C.R.S.

§ 24-85-103, and shall indemnify, hold harmless and assume liability on behalf of the Town and its officers, employees, agents and attorneys 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 Consultant's noncompliance with such accessibility standards.

V. Ownership

Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Consultant shall be exclusively owned by the Town. Consultant 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," Consultant 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 the Work Product without providing notice to or receiving consent from Consultant; provided that Consultant shall have no liability for any work that has been modified by the Town.

VI. Independent Consultant

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

VII. Insurance

A. Consultant 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 Consultant pursuant to this Agreement. At a minimum, Consultant shall procure and maintain, and shall cause any subcontractor 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, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations.

3. Automobile Liability with minimum limits of $1,000,000 combined single limit applicable to all owned, hired, and non-owned vehicles used in performing services under this Agreement

4. Professional liability insurance with minimum limits of $2,000,000 combined single limit. The policy shall be Claims Made, or tail policy placed, and shall be kept in force for three (3) years following the end of this Agreement.

5. Consultant shall maintain Pollution liability insurance with minimum limits of $1,000,000 combined single limit. Policy to include bodily injury; property damage including loss of use of damaged property; defense costs including costs and expenses incurred in the investigation, defense or settlement of claims; and cleanup costs. Policy shall include a severability of interest or separation of insured provision (no insured vs. insured exclusion) and a provision that coverage is primary and non-contributory with any other coverage or self-insurance maintained by the Town. The policy shall be Claims Made, or tail policy placed, and shall be kept in force for three (3) years following the end of this Agreement.

6. Consultant shall maintain limits equal to the completed value of the project.

Coverage shall be written on an all risk, replacement cost basis including coverage for soft costs, flood and earth movement, if in a flood or quake zone, and, if applicable, equipment breakdown including testing. The Town, Consultant, and subcontractors shall be Additional Named Insureds under the policy. Policy shall remain in force until acceptance of the project by the Town.

7. Consultant shall maintain Contractor’s Equipment / Inland Marine insurance covering stored materials and equipment used by the Consultant in the performance of work under this Agreement.

8. Consultant shall maintain Cyber Liability coverage with minimum limits of $1,000,000 combined single limit covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security.

9. Consultant shall maintain an Umbrella policy with minimum coverage of $2,000,000 over all coverages required by this Agreement.

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, its employees or its contractors shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under any policy.

C. Consultant 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. Consultant 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 reasonable 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 omission, error, professional error, mistake, negligence, or other fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant, or which arise out of a worker's compensation claim of any employee of Consultant or of any employee of any subcontractor of Consultant; provided that Consultant'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 Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant or of any subcontractor of Consultant.

B. If Consultant is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Consultant's obligation to indemnify and hold harmless the Town may be determined only after Consultant'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. 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 Boulder 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 obligation 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 directly presented or sent pre-paid, first class U.S. 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, attorneys 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. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics.

M. Electronic Signatures. The Parties intend that this Agreement be governed by the Uniform Electronic Transactions Act, C.R.S. § 24-71.3-101, et seq.

[signature page to follow]

In Witness Whereof, the Parties have executed this Agreement as of the Effective Date.

Town of Erie, Colorado

Andrew J. Moore, Mayor

Attest:

Debbie Stamp, Town Clerk

Consultant

By: ________________________________ Name:

Title:

Exhibit A Scope of Services

Consultant's Duties

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

• Consultant shall

• Consultant shall

• Consultant shall

Consultant's Deliverables

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

2ft"

2ft"

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Call before you dig.

Know what's below .

R

7000 S Yosemite St Centennial, CO 80112 Ph: (303) 221-0802

MAINTENANCE ROAD

KENOSHA ROAD

BRIDGE AND ROAD

IMPROVEMENTS

(YELLOW)

COUNTY LINE ROAD

BRIDGE AND ROAD

IMPROVEMENTS

(YELLOW)

PROPOSED

COAL CREEK

COUNTY LINE ROAD

C O

U N

TY LIN

E 1.2

STAGING AREA

REACH 2

CHANNEL

(CYAN)

REACH 4

CHANNEL (BLUE)

K

EN

O

SH

A R

O A

D

REMOVE MOUND OF DIRT

ALONG NORTH SIDE OF

DITCH TO ELEVATION

BCPOS ACCESS

AGREEMENT (RED)

FILL IN EXISTING

COAL CREEK

REACH 2

TEMPORARY IMPACTS

FOR PROPOSED

UNDERDRAIN

RUSSIAN OLIVE TREES

(LIST B NOXIOUS WEED)

IN THE AREA TO BE

R…