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RFQ#FY26-017

REQUEST FOR QUALIFICATIONS:

37th Street Widening Phase 4 Design

October 23, 2026

Tentative Schedule Solicitation Advertised October 23, 2026

Mandatory Pre-Bid Meeting November 3, 2026 Questions Due November 10, 2026

Answers Posted November 17, 2026 Solicitation Close November 27, 2026 Initial Evaluation December 11, 2026 Notify Finalists Within 1 week of Initial Eval

Finalist Interviews TBD Final Evaluation Within 1 week of last interview

Notice of Intent to Award Within 1 week of final evaluation City Council Approval Next available CC session (1st and 3rd

Tuesday of each month) Notice to Proceed Within 10 business days of contract approval

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Table of Contents

REQUEST FOR QUALIFICATIONS

I. INTRODUCTION

A. Project Description B. Project Objectives

II. REQUIRED QUALIFICATIONS

III. CONTRACTING PROCESS

A. General Items

IV. METHOD OF SUBMITTAL

V. FORM OF SUBMISSION

VI. SCOPE OF SERVICES…………………………………………………………………………………………..7

VII. MEETINGS AND DELIVERABLES

VIII. INSTRUCTIONS TO TEAMS

A. Additional Information B. Contact

IX. SELECTION CRITERIA AND METHOD

A. Review and Assessment Criteria…………………………………………………………………..8 B. Reference Evaluation…………………………………………………………………………….……9

EXHIBIT A – Request for Qualifications Receipt Acknowledgement EXHIBIT B – Project Background and Detailed Description EXHIBIT C – Non-Collusion Statement……………………………………………………………………...20 EXHIBIT D - Statement of Qualifications Form EXHIBIT E – Professional Services Agreement

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REQUEST FOR QUALIFICATIONS

The City of Evans invites engineering and design consulting firms to submit their qualifications to provide Engineering Design Services for the 37th Street Phase 4 Design Project.

Submissions shall be submitted in PDF format to BidNet before 11:59 PM (Mountain Time) on Friday November 27, 2026.

Pre-Bid Meeting: A mandatory pre-bid meeting will be held at 2:00 PM Mountain Time, on Tuesday November 3, 2026, via Microsoft Teams. Please paste the below link into your browser to attend the meeting. Please try to access the link before the scheduled meeting to ensure that there are no technical difficulties. Firms that do not attend this meeting will not be allowed to submit for this solicitation.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/2650273018542250?p=GfGizc11OiWo3binMr

Meeting ID: 265 027 301 854 225 0

Passcode: sD9na23D

The City encourages all disadvantaged business enterprises to submit in response to this request for qualifications. Disadvantaged business enterprises will not be discriminated against on the grounds of race, color, or national origin for any submissions for negotiated agreements.

Questions concerning the scope of the solicitation should be submitted via email to Andy Vowell – avowell@evanscolorado.gov no later than November 27, 2026 at 11:59 PM Mountain Time. Vendors are strongly encouraged to make the effort to visit with the Project Manager(s) during the pre-bid meeting, get their questions addressed and answered, as well as clearly understand the City’s expectations and procedures.

The City is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Submissions may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, and discount information.

Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for qualifications will be public information.

No officer, employee, or member of the City Council shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale, or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City is prohibited.

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Any submission deemed to be collusive, or a sham will be rejected and reported to authorities as such. Your authorized signature on this submission is presumed to assert that such submission is genuine and is not collusive or a sham.

The City reserves the right to reject any and all submissions and to waive any irregularities or informalities.

Andy Vowell Procurement and Contract Specialist, MPM 1100 37th Street Evans, CO 80620-2036

(970) 475-2240 avowell@evanscolorado.gov

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I. INTRODUCTION

A. About Evans

Evans, Colorado is a growing city of 23,000 residents with a small-town feel and a dynamic economic foundation driven by energy, agriculture, healthcare, and construction. Known for its diverse and welcoming community, Evans offers a high quality of life with excellent schools, abundant parks, and easy access to both urban amenities and outdoor adventures.

Located in Northern Colorado along the Front Range of the Rocky Mountains, Evans is just an hour from Rocky Mountain National Park, providing year-round opportunities for hiking, biking, and wildlife exploration. The city is also within easy reach of Denver, Cheyenne, and Denver International Airport, making it well-positioned for economic growth and accessibility. Historically, Evans was founded in 1867 and incorporated in 1885, playing a key role in regional development along the South Platte River and the Union Pacific Railroad. Today, the city blends historic roots with modern growth, featuring new residential developments, commercial expansion, and a strong commitment to economic resiliency. Evans is currently investing in major infrastructure projects, including a new police station, expanded roadways, and revitalized public spaces.

With over 300 days of sunshine, a vibrant cultural scene, and a community-driven vision for the future, Evans is establishing itself as the Community of Choice in Northern Colorado.

B. Project Objectives

As part of the Freedom Parkway Access Control Plan, the City of Evans is advancing roadway improvements along 37th Street to support safety, improved mobility, and anticipated growth in traffic volumes.

Extents for Phase 4 are the east edge of Phase 3 (Currently being designed) to the Roundabout at 37th St and 47th Ave. Total length is close to 1.5 Miles.

II. REQUIRED QUALIFICATIONS

All companies submitting a response must be a qualified company and must be able to meet all requirements as noted in the contract documents and specifications. The consulting firm shall agree not to refuse to hire, discharge, promote, demote or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, religion, creed, color, sex, national origin, ancestry, or physical or mental disability.

III. CONTRACTING PROCESS

A. General Items

The City of Evans shall be the Owner. The Director of Engineering is Shantanu Tiwari (stiwari@evanscolorado.gov) and the Project Manager is Andy Green (agreen@evanscolorado.gov).

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The Owner reserves the right to reject or accept any or all submissions or waive any formalities, informalities, or information therein.

The Owner will award this contract based on review of, and the merits of, the submissions received. Evaluation of the submissions will consider the following items along with those found in Section X – Selection Criteria.

Detailed description of the qualifications of the consultant/firm, specifically highlighting those portions of each section that will be critical to project success.

Project personnel experience.

A comment on the ability to adhere to, or requested amendments to, the terms of the standard contract included in the appendix, as amended by proposed special provisions presented in the Consultant's submission.

Detailed description of key deliverables and tasks outlined in Exhibit B, below.

IV. METHOD OF SUBMITTAL

Submittals shall be submitted in .pdf format to BidNet.

All submissions shall become the property of City of Evans and will become public record.

Please include your firm name or abbreviation of in the file name of all submitted documents. Please keep file names as short as reasonably possible

V. FORM OF SUBMITTAL

Please limit submissions to 10 pages or less, not including dividers, cover letter, team resumes, or required forms.

The submittal shall include the following items:

A. Cover letter

B. Statement of Qualifications: The Consultant/Firm qualification information shall include:

1. A brief history of the firm including organization structure, professional resumes stating qualifications of the consultant/firm to provide the services described herein. Include number of years in business, location of office or offices, and names of principals or employees who will complete the service and their resumes and qualifications.

2. References from customers (minimum of five (5) projects from at least two (2) different clients), clients, or owners for whom you have delivered similar services.

Experience in Colorado providing similar services to a government entity is

Page | 7 preferred. Please provide addresses, phone numbers, and individual contacts for each reference.

C. Proposed preliminary project schedule

D. Exhibit A shall be filled out and included in the submission packet.

E. Completed and signed copy of the Non-Collusion Statement found in Exhibit C

F. Completed Statement of Qualifications forms found in Exhibit D

G. Standard Contract: The Consultant shall review the standard contract and state a willingness to enter into this contract, subject to amendments necessary for the firm to comply with the proposal and listed as "Proposed Special Provisions to the City of Evans Standard Contract.” Specific statements must be made concerning contract issues. General statements such as, "... in general agrees with all of contractual provisions...", "... have identified some minor items to resolve...," "...do not anticipate any difficulty in negotiating these issues...," are not considered acceptable responses. All contractual issues must be clearly identified in this portion of the proposal. Failure to do so may result in cancellation of contract award. The Consultant will be judged upon the thoroughness of review of the standard contract and the specificity of comments and changes. The scope of services of the standard contract will be modified to reflect the project specific scope of services arrived at by the City and the Consultant.

VI. SCOPE OF SERVICES

A. Refer to the scope outlined in Exhibit B.

B. City will be responsible for the following

Pay Application Review

Change Order Decisions

VII. MEETINGS AND DELIVERABLES

A. Refer to scope outlined in Exhibit B.

B. All meetings are to be held at Evans Municipal Building, 1100 37th Street, unless otherwise noted.

VIII. INSTRUCTIONS TO TEAMS

A. Additional information

Teams may provide any additional information they feel will assist the City in our evaluation of the submitted statement of qualifications.

B. Questions related to the scope of work should be submitted to Andy Vowell, Procurement and Contract Specialist (avowell@evanscolorado.gov).

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City contacts:

Andy Vowell Procurement and Contract Specialist, MPM avowell@evanscolorado.gov

Andy Green Civil Engineer III – Project Manager agreen@evanscolorado.gov

Shantanu Tiwari Director of Engineering stiwari@evanscolorado.gov

Jonathan Knight City Engineer jknight@evanscolorado.gov

Jerry Hubbard Accounts Payable Clerk jhubbard@evanscolorado.gov

IX. SELECTION CRITERIA AND METHOD

A. Review and Assessment Criteria

Professional Teams will be evaluated on the following criteria. These criteria will be the basis for reviewing the written statements of qualifications.

A shortlist of up to three (3) teams may be identified and invited for an interview at the City. The final selection will be made from this shortlisted group. The City reserves the right to award directly as a result of the written submissions. Finalist firms will be given more information regarding the scoring and evaluation process for the interviews.

Scope and Plan Approach – 40 Points

Familiarity with the City of Evans, Description of quality assurance and quality control program

Understanding of the project and objective

Description of plan to complete the project with success in mind

Company and Project Personnel – 20 Points

Firm-related project experience

Results of previous projects, Qualifications of assigned personnel and their experience with similar projects

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Provide a minimum of 5 similar project references from at least 2 separate clients

Schedule – 40 Points

Provided project schedule must demonstrate firm’s ability to complete the project within 12 months

B. Reference Evaluation

The Project Manager, or their designee, may check references using the following criteria.

The evaluation rankings will be labeled Satisfactory/Unsatisfactory.

1. Overall Performance

a) Would you hire this Professional again?

b) Did they provide the skills required by this project?

c) Did they communicate with you in a professional, timely manner?

d) Was the project a success?

2. Schedule

a) Was original Scope of Work completed within the specified time?

b) Were interim deadlines met in a timely manner?

3. Completeness

a) Was Professional responsive to client needs?

b) Did Professional anticipate problems?

c) Were problems solved quickly and effectively?

4. Budget

a) Was original Scope of Work completed within the project budget?

b) Were there any change orders to the Scope of Work?

5. Job Knowledge

a) If a study, did it meet the Scope of Work?

b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly?

c) Were problems corrected quickly and effectively?

d) If construction documents, were they clear and concise for bidding and construction purposes?

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EXHIBIT A – Request for Qualifications Receipt Acknowledgement

Contractor hereby acknowledges receipt of the City of Evans Request for Qualification (RFQ) and acknowledges that they have read and agree to be fully bound by all of the terms, conditions, and other provisions set forth in the RFQ. Additionally, the Contractor hereby makes the following representations to the City of Evans:

a. All of the statements and representations made in this submission are true to the best of my knowledge and belief.

b. I further agree that the method of award is acceptable to my company.

c. I also agree to complete the proposed Agreements with the City of Evans within ten

(10) days of final day of the protest period as noted in the notice of intent to award.

d. If the contract is not completed and signed within ten (10) business days, City reserves the right to cancel and award to the next highest rated firm.

e. I acknowledge receipt of _____ addenda.

Firm Name:

Physical Address: ________________________________________

Remit to Address: ________________________________________

Phone: ________________________________________

Authorized Agent of Firm Name: ________________________________________

Title: ________________________________________

Signature of Authorized Agent: ________________________________________

Email Address: ________________________________________

Primary Contact for Project: ________________________________________

Title: ________________________________________

Email Address: ________________________________________

Phone: ________________________________________

Cell Phone: ________________________________________

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EXHIBIT B – Project Description

BACKGROUND:

As part of the Freedom Parkway Access Control Plan, the City of Evans is advancing roadway improvements along 37th Street to support safety, improved mobility, and anticipated growth in traffic volumes.

Extents for Phase 4 are the east edge of Phase 3 (Currently being designed) to the Roundabout at 37th St and 47th Ave. Total length is close to 1.5 Miles.

DESCRIPTION

The Phase 4 corridor will incorporate a four-lane roadway with optional landscaped median and detached multi-use paths. With the Freedom Parkway typical sections as a guide and future ultimate alignment.

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Phase 4 includes widening the roadway and potentially raising the vertical profile to meet hydraulic requirements and reduce flooding impacts near Ashcroft Draw.

The roadway profile may need to be raised to meet minimum freeboard requirements for updated hydraulic performance in the wetland area The Consultant shall review all existing Phase 4 project materials provided by the City and incorporate any information that can reduce redesign effort, improve accuracy, or accelerate production of final plans. These materials include:

Preliminary roadway and structure plans.

Geotechnical Investigation Report.

Roll plot of the preliminary horizontal and vertical alignment.

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Wetland Typical section options.

Flood Plan Analysis.

CDOT off system bridge inspection report is also available for the Ashcroft Draw Bridge.

As 37th St Phase 3 is currently being designed. The Consultant will be required to coordinate with the designer of Phase 3 and the city to make sure the 2 roadways sections align both geometrically and aesthetically.

STRUCTURES

The Consultant will evaluate options to cross the wetland area, which may include walls and bridges.

UTILITY INVESTIGATION

The Consultant will perform a utility investigation consistent with Quality Level A according to ASCE/CI 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data.

Tasks include:

Contact all utility owners and collect available records.

Identify all existing utilities.

Pothole or perform nondestructive testing where conflicts are suspected.

Provide a utility clearance letter and recommendations for relocations or protections.

UTILITIES

Sanitary Sewer The Consultant will provide an analysis of the Sanitary sewer that flows alongside 37 St within the project limits. Specifically the City wants to look at handling flows west of Arrowhead Dr in the emergency of a Greeley lift station failure. The consultant will also design the following:

Sanitary sewer stub out to service the Lot on the Northwest corner of 47th Ave and 37th St with guidance from the city. Reference Exhibit in the Appendix.

Extension of the sanitary sewer going west to Arrowhead Dr. Reference Exhibit in the Appendix.

Water Line The Consultant will design an extension of the Water Line connecting the line on 47th Ave to the line on Arrowhead Dr and in addition to that it is recommended to conduct a hydraulic study to make sure pressures and flows are compatible. There is currently a stub out water line to the west of the roundabout. A stub will also be provided to the Northwest property at 47th Ave and 37th St.

Reference Exhibit in the Appendix.

Non-Potable Line The Consultant will design an extension of the non-potable distribution system to provide access to the 2 lots north of 37th St for future developments to utilize.

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Storm Water The Consultant will design storm drainage along 37th St. Coordination with the 37th Street Phase 3 project, currently in the design phase, will be required.

PERMITTING & COMPLIANCE

The Consultant will obtain all necessary permits, including but not limited to, environmental clearances, stormwater permits, wildlife-related approvals, 404 permit, 401 Water Quality Certification, floodplain development permit, and any applicable agency requirements.

Environmental elements include wetlands, wildlife habitats (Burrowing Owl, Prairie Dogs, Preble’s Meadow Jumping Mouse, or Wildlife that could impact schedule), and tree impacts. Surveys and mitigation strategies must be developed.

City of Evans will provide additional support and information as needed to facilitate a quick turnaround of external agency reviews.

TOPOGRAPHICAL SURVEY AND RIGHT-OF-WAY

The Consultant will conduct GPS-based topographical surveys to identify spot elevations, structures, utilities, and all features impacting design.

Tasks include:

Complete corridor survey to support roadway realignment and wall placement.

Survey drainage features associated with Ashcroft Draw.

Survey and perform a delineation of all wetlands along the project corridor.

Identify existing ROW limits and determine additional ROW required.

Prepare ROW plans meeting CDOT formatting and clearance requirements.

GEOTECHNICAL REPORT

A full geotechnical investigation is required. The geotechnical report will address the site’s subsurface conditions, such as soil, rock, and groundwater, for construction purposes. It will also include site history, results from field and lab tests like boring logs and soil properties, and information about the water table. The report will analyze risks like liquefaction and settlement, and provide key recommendations for excavation and earth retention, fill placement and compaction, dealing with problematic soils, drainage, and dewatering. It will also outline construction methods to help ensure safety and stability.

The report must include:

Soil borings at all potential wall and bridge foundation locations.

Evaluation of deep foundation needs adjacent to Ashcroft Draw where scour potential is high.

Settlement, bearing capacity, problematic soils, dewatering, earth retention, and foundation recommendations.

PHOTOMETRIC STUDY AND LIGHTING

The Consultant will perform a Photometric study of the corridor to evaluate lighting needs and produce lighting plans in coordination with the respective electric company.

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DESIGN STUDY REPORT

The Consultant will prepare a design study report summarizing the findings of the research efforts and outlining the recommended approach forward. A draft report will be submitted for City review prior to proceeding to design milestones.

Overview of Phase 4 project context and existing infrastructure along the corridor.

Summary of topographic survey findings, ROW impacts, access issues, and utility investigations.

Identification of retaining wall needs and foundation type requirements.

Evaluation of roadway alignment and profile alternatives to satisfy hydraulic and environmental constraints.

Preliminary cost estimates and identification of major construction challenges.

Updated project schedule.

TRAFFIC EVALUATION AND MANAGEMENT

The Consultant will:

Conduct full traffic study at impacted intersections and any new connections

Provide temporary traffic control and detour plans including barricades/warning lights.

Incorporate clear zone considerations (24–28 feet) and guardrail needs where retaining walls are within the clear zone.

Conduct Signal Analysis where warranted

DESIGN ENGINEERING TASKS

Task I: 30% Design Submittal Prepare preliminary Drawings and Specifications.

Develop initial alignment, profile, retaining wall and structure layout, typical sections, grading concepts, and drainage approach.

Provide preliminary wall type selections based on geotechnical data and site constraints.

Provide a preliminary construction cost estimate.

Identify any portions of prior analyses requiring revision or expansion.

Submittals may be made utilizing Bluebeam Studio or electronic transmission of PDF files.

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Task II: 60% Design Submittal Develop 60% construction drawings and Project Specifications (Including PSP

Measurement and Payment).

Provide updated cost estimate.

Follow CDOT plan formatting.

Task III: 100% Design Submittal The Consultant will provide:

Final construction drawings and specifications.

Full bid item list with Project Special Provisions (PSPs including measurement and payment requirements.)

Final cost estimate.

AutoCAD files and Microsoft Word specification files.

Construction Drawings will include:

1. Standard Plans List

2. General Notes and Abbreviations

3. Summary of Quantities

4. Tab Sheets

5. Typical Sections

6. Survey Control Diagram

7. Roadway Plans and Profile Sheets

8. Sanitary Sewer Plans and Profile Sheets

9. Water Line Plans and Profile Sheets

10. Grading and Drainage Sheets

11. Storm Drain Plans and Profile Sheets

12. Utility Relocation Sheets

13. Bridge Sheets

14. Retaining Wall Sheets

15. Multi-Use Path Sheets

16. SWMP Sheets

17. Detour and Construction Traffic Control Sheets

18. Signing/Striping Sheets

19. Landscaping Plans

20. Irrigation Plans

21. Roadway Cross-Sections

22. Utility Pothole and Soil Boring Data

23. Lighting Sheets

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24. Geometric Data Plan

25. Detail Sheets

Other Deliverables include:

1. All Meeting Minutes notes

2. Invoices and Weekly Reports

3. Environmental Clearance Documents

4. Photo Log of existing roadway features

5. Preliminary ROW Ownership Map

6. Control and Monumentation Sheet

7. Pavement Design Report with geotechnical Report

8. Drainage Assessment Letter Report

9. Photometric Study

10. Traffic Study Report

11. ROW Plans/Legal Descriptions (if required)

12. Bid Specifications and Special Provisions

13. Estimate of Probable Construction Costs on each stage of design

14. Utility Clearance Letters/Agreements

15. Final Plans and Specifications

Task IV: Bidding Phase The Consultant will provide full bidding support services, including the following:

Assist the City in responding to contractor questions and Requests for Information (RFIs) during advertisement.

Prepare addenda and clarifications to construction documents, as required.

Participate in bid opening (if requested).

Assist the City in evaluating bids, checking for completeness, accuracy, and responsiveness.

Prepare bid recommendation documentation.

Task V: Construction Phase (CA Services) These services are intended to assist City staff with interpretation of the design documents and technical review and do not include construction management, full-time inspection, or contractor oversight.

Attend pre-construction meeting.

Review submittals for conformance with contract documents.

Respond to RFIs.

Attend construction meetings.

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Provide periodic site visits.

Provide plan clarifications or revisions if field adjustments are required.

Assist with record drawings and incorporate contractor redlines.

Construction Phase Services will be performed on an as-needed basis.

PROJECT MANAGEMENT

Project management activities may include preparation of invoices and progress reports, maintenance of the project schedule, document management, and coordination of project communications. The Consultant will also organize and facilitate regular project coordination meetings with City staff and maintain meeting summaries and action items as appropriate. Include travel associated with project coordination and meetings as part of this task.

ADDITIONAL ITEMS

The Ashcroft Draw Trail currently dead ends close to Zinfandel St in Grapevine Hollow Subdivision.

The Consultant will design a continuation of the trail along Ashcroft Draw that will connect with sidewalks adjacent to 37th St. The city will provide guidance in discussions with the Consultant on the route for the Ashcroft Draw Trail. Reference picture in the Appendix

ADDITIONAL IMAGES

Picture 1 Multi Use Trail Exhibit

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Picture 2 Utility Exhibit

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EXHIBIT C – Non-Collusion Statement

NON-COLLUSION STATEMENT

_________________________________________, being first duly sworn, deposes and says that:

(1) He is the ______________________________________ of (owner, partner, officer, representative or agent) _____________________________________________________________, the (Company’s Name) bidder that has submitted the attached statement of qualifications;

(2) He is fully informed respecting the preparation and contents of the attached statement of qualifications and of all pertinent circumstances respecting such submission;

(3) Such statement of qualifications is genuine and is not collusive or a sham;

(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham statement of qualifications in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any unlawful agreement any advantage against the City of Evans or any person interested in the proposed contract; and

Signed: _________________________________________________ Title: ___________________________________________________

STATE OF COLORADO )

) ss.

COUNTY OF ___________ )

Subscribed and sworn to before me this ______ day of __________________, 20____.

Notary Public in and for Colorado My Commission expires: _____________________

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Exhibit D – Statement of Qualifications Form

37th Street Widening Phase 4 Design

Qualifications of __________________________________________ (hereinafter called bidder, doing business as *________________________________________ organized and existing under the laws of the State of _________________________, to the City of Evans (hereinafter called

CITY).

In compliance with your Advertisement for Bids, bidder hereby proposes to perform all work for the 37th Street Widening Phase 4 Design in strict accordance with contract documents, within the time set forth therein, and at prices stated below.

By submission of this statement of qualifications, each submitter certifies, and in cases of a joint bid, each party hereto certifies as to their own organization, that this submission has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this submission with any other bidder or with any competitor.

Bidder acknowledges receipt of the following Addendum:

Bid shall include all applicable taxes and fees.

Bidder agrees to perform all work described in the contract documents.

* Insert "a Corporation", "a Partnership", or "an Individual" as applicable.

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EXHIBIT E – Professional Services Agreement City of Evans, Colorado

SERVICE AGREEMENT

FOR PROFESSIONAL SERVICES BY

INDEPENDENT CONTRACTOR

THIS AGREEMENT is made and entered into this XXXXXXX, 2026 by and between the

City of Evans, State of Colorado (hereinafter referred to as the "City"), and VENDOR (hereinafter referred to as "Consultant").

RECITALS:

A. The City requires professional services for the 37th St. Widening Phase 4

Design Project hereinafter referred to as “Project”).

B. Consultant has held itself out to the City as having the requisite qualifications and experience to perform the required services for the Project.

NOW, THEREFORE, it is hereby agreed, for the consideration hereinafter set forth, that Consultant shall provide to the City professional consulting services for the Project.

I. SCOPE OF SERVICES

Consultant shall furnish all labor and materials to perform the services required for the complete and prompt execution and performance of all duties, obligations and responsibilities for the Project, which are described or reasonably implied from Exhibit A, which is attached hereto and incorporated herein by this reference.

II. THE CITY'S OBLIGATIONS/CONFIDENTIALITY

The City shall provide Consultant with reports and such other data as may be available to the City and reasonably required by Consultant to perform hereunder. No project information shall be disclosed by Consultant to third parties without prior written consent of the City or pursuant to a lawful court order directing such disclosure. All documents provided by the City to Consultant shall be returned to the City. Consultant is authorized by the City to retain copies of such data and materials at Consultant's expense.

III. OWNERSHIP OF INSTRUMENTS OF SERVICE

The City acknowledges that the Consultant’s documents are an instrument of professional service. Nevertheless, the documents prepared under this Agreement shall become the property of the City upon completion of the services and payment to the Consultant by the City. Consultant shall retain all right, title, and interest in and to any pre-existing materials, methodologies, software, tools, templates, standards, designs, details, calculations, know-how, intellectual property, and other works developed, owned, or licensed by Consultant

Page | 23 prior to or independently of this Agreement. Nothing in this Agreement shall be construed to transfer ownership of such materials to the City. To the extent any such materials are incorporated into the documents prepared for the Project, the City is granted a nonexclusive license to use those materials solely in connection with the Project. Any reuse of the Consultant's documents is at the City's own risk without liability to the consultant.

IV. COMPENSATION

A. In consideration for the completion of the services specified herein by

Consultant, the City shall pay Consultant on a time and materials basis in an amount not to exceed COST WRITTEN OUT ($XXXXXXXX.00). Payment shall be made in accordance with the schedule of charges in Exhibit B, which is attached hereto and incorporated herein by this reference. Invoices will be itemized and include hourly breakdowns for all personnel and other charges. The maximum fee specified herein shall include all fees and expenses incurred by Consultant in performing all services hereunder.

B. Consultant may submit monthly or periodic statements requesting payment.

Such request shall be based upon the amount and value of the services performed by Consultant under this Agreement, except as otherwise supplemented or accompanied by such supporting data as may be required by the City.

1. All invoices, including Consultant's verified payment request, shall be submitted by Consultant to the City no later than fourteen (14) days after the rendering of services and the City will have thirty (30) days from the receipt of any verified invoice to render payment, pursuant to the terms of this Agreement.

2. Progress payments may be claimed on a monthly basis for reimbursable costs actually incurred to date as supported by detailed statements, including hourly breakdowns for all personnel and other charges. The amounts of all such monthly payments shall be paid within thirty (30) days after the timely receipt of invoice, as provided by this Agreement. No payment shall be due on the portion of any invoice for which the City has requested clarification unless and until 30 days after clarification satisfactory to the City has been provided by Consultant.

C. The City has the right to ask for clarification on any Consultant invoice after receipt of the invoice by the City.

D. In the event payment for services rendered has not been made within forty-five

(45) days from the timely receipt of the invoice for any uncontested billing, interest will accrue at the rate of twelve percent (12%) per annum compounded annually. In the event payment has not been made within ninety (90) days from the receipt of the invoice for any uncontested billing, Consultant may, after giving seven (7) days' written notice and without penalty or

Page | 24 liability of any nature, suspend all authorized services specified herein. In the event payment in full is not received within thirty (30) days of giving the seven (7) days' written notice, Consultant may terminate this Agreement. Upon receipt of payment in full for services rendered, Consultant will continue with all authorized services.

E. Final payment shall be made within sixty (60) calendar days after all data and reports (which are suitable for reproduction and distribution by the City) required by this Agreement have been turned over to and approved by the City and upon receipt by the City of Consultant's written notification that services required herein by Consultant have been fully completed in accordance with this Agreement and all data and reports for the Project.

F. The amounts listed on Exhibit B under "Additional Design Services" and "Additional

Post-Design Services" are non-binding planning estimates only. They are not part of the not-to-exceed amount in Section IV.A, are not a price quotation or rate commitment, and do not authorize any work. Consultant shall not perform any such services unless and until the City authorizes them by a written amendment under Section VI that states the scope and the compensation. The City has no obligation to request those services, and Consultant has no obligation to perform them at the amounts shown on Exhibit B.

V. COMMENCEMENT AND COMPLETION OF SERVICES

Within seven (7) days of receipt from the City of a Notice to Proceed, Consultant shall commence services on all its obligations as set forth in the Scope of Services or that portion of such obligations as is specified in said Notice. Except as may be changed in writing by the City, as outlined in section XII, below, the Project shall be complete once Consultant furnishes the City the specified deliverables, as provided in Exhibit A.

VI. CHANGES IN SCOPE OF SERVICES

A change in the Scope of Services shall constitute any material change or amendment of services which is different from or additional to the Scope of Services specified in Section I of this Agreement. No such change, including any additional compensation, shall be effective or paid, unless authorized by written amendment executed by the City. If Consultant proceeds without such written authorization, then 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 City shall have the authority to enter into any changes or modifications, either directly or implied by a course of action, relating to the terms and scope of this Agreement.

VII. 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, as required by law.

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B. The services 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 services in the applicable community.

C. The Consultant represents and warrants that it currently holds, and throughout the term of this Agreement (including any extensions or renewals) shall maintain in good standing, all licenses, permits, certifications, and approvals required by applicable federal, state, and local laws to perform the services under this Agreement. Without limiting the foregoing, the Consultant shall obtain and maintain a valid City of Evans Business & Sales Tax License as required for conducting business within the City limits. The Consultant shall provide proof of such license to the City upon request and prior to commencement of services. Failure to maintain any required license shall constitute a material breach of this Agreement.

D. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in his designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the City for all costs caused by errors and omissions which fall below the standard of professional practice.

E. Approval by the City of drawings, designs, specifications, reports and incidental services or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of the services. Neither the City's review, approval or acceptance of, nor payment for, any of the services shall 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, and Consultant shall be and remain liable in accordance with applicable performance of any of the services furnished under this Agreement.

F. The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law.

VIII. COMPLIANCE WITH LAW

The services to be performed by Consultant hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.

IX. INDEMNIFICATION

A. INDEMNIFICATION – GENERAL: The City cannot and by this Agreement does not agree to indemnify, hold harmless, exonerate or assume the defense of the Consultant or any other person or entity whatsoever, for any purpose whatsoever. To the extent allowable

Page | 26 under C.R.S. Section 13-50.5-102(8), the Consultant shall defend, indemnify and hold harmless the City, its mayor and City council, officials, officers, directors, agents and employees from any and all third-party claims, demands, suits, actions or proceedings of any kind or nature whatsoever, including worker's compensation claims, to the extent resulting from negligent acts, errors, or omissions of the Consultant, its employees, agents or subconsultants, or others for whom the Consultant is legally liable, under this Agreement; provided, however, that the Consultant need not indemnify or save harmless the City, its mayor and City council, its officers, agents and employees from damages resulting from the negligence of the City's mayor and City council, officials, officers, directors, agents and employees. The City agrees that to the extent defense coverage is available under any applicable insurance policy maintained by the Consultant, and such policy provides a defense to additional insureds, the City shall be entitled to such defense as an additional insured under the policy, in accordance with the terms, conditions and limitations of said policy, which shall satisfy any defense obligation as identified in this for all reasonable defense costs, in the proportion of liability assigned to the Consultant in (a) a final, non-appealable judgment, or (b) a written settlement agreement executed by the parties.

X. 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 Section IX, Indemnification, above, to the extent such risks are covered under commercially available insurance policies. Such insurance shall be in addition to any other insurance requirements imposed by this Agreement or by law.

Consultant shall not be relieved of any liability, claims, demands or other obligations assumed pursuant to Section IX, Indemnification, above, by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations or types.

B. Consultant shall procure and maintain and shall cause any subconsultant of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands and other obligations assumed by Consultant, pursuant to Section IX, Indemnification, above, to the extent such risks are covered under commercially available insurance policies. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

1. Worker's compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of services under this Agreement, and Employer's Liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000) each claim, Five Hundred Thousand Dollars ($500,000) disease - policy limit, and Five Hundred Thousand Dollars ($500,000) disease - each employee.

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2. Commercial general liability insurance with minimum combined single limits of One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, products and completed operations. The policy shall contain a severability of interests provision.

3. Professional liability insurance with minimum limits of One Million Dollars

($1,000,000) each claim and Two Million Dollars ($2,000,000) annual aggregate, and Consultant shall maintain such coverage for at least three (3) years from the termination of this Agreement.

4. The policy required by Paragraph 2 above shall be endorsed to include the City and the City's officers, employees and consultants as additional insureds.

Every policy required above shall be primary insurance, with the exception of Professional Liability and Worker's Compensation, and any insurance carried by the City, its officers, its employees or its consultants shall be excess and not contributory insurance to that provided by Consultant. No additional insured endorsement to the policy required by Paragraph 2 above shall contain any exclusion for bodily injury or property damage arising from completed operations. Consultant shall be solely responsible for any deductible losses under any policy required above.

5. The certificate of insurance provided for the City shall be completed by

Consultant's insurance agent as evidence that policies providing the required coverage, conditions and minimum limits are in full force and effect and shall be reviewed and approved by the City prior to commencement of the Agreement. No other form of certificate shall be used. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled or terminated until at least thirty (30) days' prior written notice has been given to the City. The completed certificate of insurance shall be sent to:

City of Evans 1100 37th Street Evans, Colorado 80620-2036 Attn: Safety and Risk Management

6. Failure on the part of Consultant to procure or maintain policies providing the required coverages, conditions and minimum limits shall constitute a material breach of agreement upon which the City may immediately terminate this Agreement or, at its discretion, the City may procure or renew any such policy

Page | 28 or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by Consultant to the City upon demand, or the City may offset the cost of the premiums against any monies due to Consultant from the City.

7. The City reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

8. The parties hereto understand and agree that the City, its officers and its employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently Five Hundred Five Thousand Dollars ($505,000) per person and One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Colo. Rev. Stat. §24-10-101, et seq., as from time to time amended, or otherwise available to the City, its officers or its employees.

XI. NONASSIGNABILITY

Neither this Agreement nor any of the rights or obligations of the parties hereto shall be assigned by either party without the written consent of the other.

XII. CONDITIONAL CONTRACT EXTENSION

The City and Consultant may extend the relationship arising under this agreement by a future written agreement that is approved by the City, subject to annual appropriation and City designated authorization limits, and subject to agreed-upon pricing. Such extensions, if any, shall not exceed a period of Five (5) consecutive years. The Consultant does not have a contractual right to an extension and the City expressly reserves all rights to cancel its relationship with Consultant.

XIII. TERMINATION

This Agreement shall terminate at such time as the services in Section I are completed and the requirements of this Agreement are satisfied, or upon the City's providing Consultant with seven (7) days' advance written notice, whichever occurs first. In the event the Agreement is terminated by the City's issuance of said written notice of intent to terminate, the City shall pay Consultant for all services previously authorized and completed prior to the date of termination. If, however, the Consultant has substantially or materially breached the standards and terms of this Agreement, the City shall have any remedy or right of set-off available at law and equity. If, however, the City has substantially or materially breached the standards and terms of this Agreement, the Consultant shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Project, any use of documents by the City thereafter shall be at the City's sole risk, unless otherwise consented to by Consultant.

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XIV. CONFLICT OF INTEREST

The Consultant shall disclose any personal or private interest related to property or business within the City. Upon disclosure of any such personal or private interest, the City shall determine if the interest constitutes a conflict of…