RFP Coal Creek Strategic Plan South of Erie Parkway.pdf

174416753.1

Request for Proposal

Coal Creek Strategic Plan South of Erie Parkway Project Number P25-651

Town of Erie 645 Holbrook Street Erie, Colorado 80516

July 22, 2025

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. Agreement for Design Services.

2. Maps with observational notes from field visit.

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, August 19, 2025 for the Coal Creek Strategic Plan South of Erie Parkway (P25-651).

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:

The Coal Creek corridor south of Erie Parkway has several locations that have been identified as needing improvement. The desired outcome of this project is to have a strategic plan for improvements to the Coal Creek corridor south of Erie Parkway, including conceptual designs, permitting requirements, program schedule and cost estimates for multiple separate projects so the Town can budget and program for the final design and construction of the improvements.

Request for Proposal documents will be available after 5:00 p.m. on July 22, 2025 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 4:00 pm local time, on August 13, 2025. All answers to questions received will be sent in a formal addendum (if needed), by August 14, 2025.

https://www.bidnetdirect.com/colorado

A pre-proposal conference with representatives of prospective Proposers will be held at 1:00 p.m., local time, at the Erie Council Chambers, 645 Holbrook Street, Erie, Colorado, on July 29, 2025. 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.

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 22 day of July, 2025.

Town of Erie, Colorado

Project Background and Description

The Coal Creek corridor south of Erie Parkway is experiencing multiple erosion and maintenance challenges. Town Staff conducted a field visit early spring of 2025 to perform an initial condition assessment which identified several areas of concern. The attached maps include observation notes from the field visit.

The Coal Creek Rock Creek Major Drainageway Plan, dated 2014 can be accessed on Erie’s website at this link: https://erieco.gov/DocumentCenter/View/8734/Coal-Creek- Rock-Creek-Major-Drainageway-Plan?bidId=

The project goal is to develop a program of projects with a conceptual design and list of project requirements, such as permitting requirements, land acquisition requirements, recommendation for vegetation remediation, final design and construction cost, and proposed schedule for completion over the next 10 to 15 years.

A professional land survey is not anticipated for conceptual design. A field site visit with the consultant and Town Staff is expected. During this field site visit pictures of existing conditions can be georeferenced using the Town’s Trible DA2 utilizing a catalyst 1 satellite subscription.

Due to the length of Coal Creek and the various types of improvements, it is anticipated that multiple projects will be identified and grouped for common work types.

One of the project deliverables will include putting together a strategic plan for Coal Creek including project scope, priority, time recommendations for final design, permitting and construction. This will assist the Town in putting together a 10-year Capital Improvement Plan for Coal Creek.

Another desired deliverable is to develop a list of potential grant funding sources with information on the grant requirements and typical cycle for submittal.

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 4:00 pm local time, on August 13, 2025. All answers to questions received will be sent in a formal addendum (if needed), by August 14, 2025. No phone calls will be accepted.

Scope of Work

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

https://erieco.gov/DocumentCenter/View/8734/Coal-Creek-Rock-Creek-Major-Drainageway-Plan?bidId= https://erieco.gov/DocumentCenter/View/8734/Coal-Creek-Rock-Creek-Major-Drainageway-Plan?bidId=

a. Consultant shall attend project management meetings with Town staff, including a kickoff meeting and monthly progress meetings, to review the Project status. An agenda prior to and minutes summarizing and following completion of the meetings shall be provided to the Town by Consultant.

b. Consultant shall obtain the Town's GIS information including 2020 topography, Town utilities, property lines and aerial imagery. Consultant shall prepare base mapping utilizing this information.

c. Consultant shall attend a field site visit to update the condition assessment of Coal Creek with Town staff. Pictures and basic field measurements shall be taken by Consultant during this field site visit. The information obtained by Consultant during this field site visit shall be linked by Consultant utilizing the Town’s Trible DA2 to the same coordinate system as the Town’s GIS information. Consultant shall provide the Town with a report of the findings and recommendations from the field site visit.

d. Consultant shall prepare a strategic plan for improvements to the Coal Creek corridor South of Erie Parkway. Consultant shall develop and review the strategic plan with Town staff.

e. Consultant shall prepare conceptual designs, list of project requirements, and cost estimates for each project identified in the strategic plan for improvements to the Coal Creek corridor South of Erie Parkway developed by Consultant.

f. Consultant shall finalize the strategic plan after receiving input on all elements of the plan from Town Staff.

g. Consultant shall provide the following deliverables to the Town:

1) Agendas prior to and minutes summarizing and following completion of all project management meetings.

2) A report of the findings and recommendations from the field site visit conducted by Consultant.

3) A strategic plan for improvements to the Coal Creek corridor South of Erie Parkway The strategic plan shall address and include, at a minimum, the following:

i. Identification and recommendations regarding grouping of separate projects;

ii. A summary and analysis of project priorities and scopes for each separate project identified;

iii. Timing recommendations for final design, permitting and construction for each separate project identified;

iv. Potential grant funding sources or opportunities for each separate project identified, including information on the applicable grant requirements and typical cycle for submittal.

4) Conceptual designs, list of project requirements, and cost estimates for each project identified in the strategic plan for improvements to the Coal Creek corridor South of Erie Parkway developed by Consultant.

The overall budget for this Scope of Work is anticipated to be less than $250,000 and is expected to be complete within 1 year.

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, 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.

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

Proposal length shall be limited to 20 pages, detailed resumes can be submitted as an appendix and not be included in the page limitation.

Qualifications (20 points)

1. Firm’s capability (company resources)

2. Project team (including subconsultants)

3. Letter from Principal certifying availability and commitment of staff

4. Ability to complete project within timeframe

5. Work location

Experience (20 points)

1. Relevant recent projects

2. Team member matrix (experience together)

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

Project Understanding and Approach (40 points)

1. Firm’s understanding of project outline in the Project Background and Description and Scope of Work

2. Firm’s approach to project

3. Potential key challenges and firm’s approach to meeting them

4. Firm’s vision for project

5. Approach to cost control, value engineering, and resources to provide accurate cost information

6. Proposed additional tasks to Scope of Work

Project Design Schedule (10 points)

1. Anticipated schedule for completion of project including project timeframes for each major task in Scope of Work

2. Suggested measures for streamlining design and review process

Quality Control (10 points)

1. Detailed description of firm’s approach to ensuring quality control of project and project management

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

Following the evaluation and scoring process specified above, the Town of Erie may, at the evaluation committee’s discretion, request an oral presentation of the short-listed companies. Such presentations will be at the Proposer’s expense. Proposers shall not prepare the written proposal with the assumption that an opportunity for oral presentations or revisions will be offered, rather, the most favorable proposal should be submitted as their initial written submission.

Clarification discussions may be conducted with Proposers who submit proposals determined to be acceptable and competitive. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.

The attached sample Agreement for Design Services will be used by the Town as the contract document for the work. By submitting a Proposal, you accept the terms of this Agreement as stated. Any deviations from this Agreement must be requested in your submitted Proposal.

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

Request for Proposal Available July 22, 2025 Preproposal Meeting July 29, 2025 at 1:00 pm Last Day for Questions August 13, 2025 at 4:00 pm Final Addendum (if needed) August 14, 2025 Proposals Due August 19, 2025 at 1:00 pm Selections and Negotiations Complete September 2, 2025 Anticipated Notice of Award September 25, 2025 Anticipated Completion Date September 25, 2026

7/22/2025

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1

Agreement for Design Services Coal Creek Strategic Plan South of Erie Parkway (P25-651)

This Agreement for Design Services (the "Agreement") is made and entered into this _____ day of ____________, 2025 (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 ________________, an independent contractor with a principal place of business at ____________________ ("Consultant") (each a "Party" and collectively the "Parties").

Whereas, the Town requires design services; and

Whereas, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required design 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 of the professional services, labor, materials, and equipment 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 (the "Services").

B. A change or addition to the Services shall not be effective unless authorized as a duly executed amendment to this Agreement. If Consultant proceeds without such written and duly executed 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. Term. The term of this Agreement shall commence on the Effective Date, and shall continue until Consultant completes the Services to the satisfaction of the Town, or until terminated as provided herein.

B. Termination for Convenience. The Town may, at any time and without cause, terminate the Agreement in whole or in part for the Town's convenience and without cause upon 30 days' written notice to Consultant. If the Town terminates this Agreement for convenience, the following shall apply:

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1

1. Consultant is not entitled to any claim for any amount, including lost profits or other special or consequential damages, for or in connection with any portion of the Services yet to be performed.

2. Upon receipt of a termination notice, Consultant shall, unless otherwise directed by the Town, take all of the following actions: (a) cease operations as directed by the Town in the notice; (b) take all actions necessary or that the Town may direct for the protection and the preservation of work performed by Consultant pursuant to the Agreement; and (c) use all reasonable efforts to cancel or divert outstanding commitments and subcontracts for procurement of services, materials or equipment to the extent they relate to the terminated portion of the Services.

3. The Town shall pay Consultant for that portion of the Services properly executed prior to the date of the termination and, to the extent approved by the Town, actual cancellation charges or loss incurred by Consultant upon outstanding commitments or subcontracts that Consultant is unable to cancel, provided Consultant has proven reasonable efforts to divert the commitments to other activities. Within 60 days of the effective date of the termination, Consultant shall submit a claim to the Town, along with all supporting backup documentation and cost records substantiating the amounts claimed. Consultant shall not be entitled to lost profits or any other form of special or consequential damages, or any costs incurred due to Consultant's or any of its suppliers or subconsultants fault or failure to mitigate as a result of any such termination by the Town for convenience.

C. Termination for Default. If Consultant defaults in the timely and proper performance of any of Consultant's obligations under this Agreement, without prejudice to any other rights or remedies, the Town may terminate this Agreement or reassign all of any portion of the Services upon 30 days' written notice to Consultant. Upon termination, the Town shall pay Consultant for that portion of the Services previously authorized and satisfactorily completed prior to the date of the notice of termination, subject to any offset or other claim for damages suffered by the Town that are attributable to Consultant's default.

III. Compensation

In consideration for the completion of the Services by Consultant, the Town shall pay Consultant an amount not to exceed $__________, which shall include all fees, costs and expenses incurred by Consultant. Payment shall be made in accordance with Exhibit B, attached hereto and incorporated herein by reference.

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1

IV. Professional Responsibility

A. Consultant represents and warrants that it is qualified to assume the responsibilities and render the Services and has all requisite corporate authority and professional licenses in good standing, required by law. The work and Services performed by Consultant shall be performed 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 or services in the applicable community. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, incidental services or materials, and other work furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors, omissions or deficiencies in its designs, drawings, specifications, reports, and other work that fails to maintain the level of skill and care that an ordinary prudent professional in the same or similar circumstances would maintain, or fails to conform to applicable law, and Consultant shall reimburse the Town for any costs, expenses, or other liabilities caused by or attributable to such errors, omissions or deficiencies.

B. Approval, review, or acceptance by the Town of drawings, designs, specifications, reports, incidental Services or materials, and other work or Services furnished by Consultant or its subcontractors or subconsultants hereunder shall not in any way relieve Consultant of responsibility for the Services.

C. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subconsultants or subcontractors to perform any work under this Agreement, except as expressly set forth in Exhibit A.

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

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1

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 Contractor

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

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1 insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations.

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

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

B. 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).

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1

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 Weld County, Colorado.

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

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1 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.

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

State of Colorado ) ) ss.

County of _______________ )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2025, by ____________________________ as _________________ of ________________________.

My commission expires:

(Seal) ________________________________ Notary Public

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1

Exhibit A Scope of Services

1. Services. Consultant hereby agrees to and accepts responsibility to perform the following Services:

a. Consultant shall attend project management meetings with Town staff, including a kickoff meeting and monthly progress meetings, to review the Project status. An agenda prior to and minutes summarizing and following completion of the meetings shall be provided to the Town by Consultant.

b. Consultant shall obtain the Town's GIS information including 2020 topography, Town utilities, property lines and aerial imagery. Consultant shall prepare base mapping utilizing this information.

c. Consultant shall attend a field site visit to update the condition assessment of Coal Creek with Town staff. Pictures and basic field measurements shall be taken by Consultant during this field site visit. The information obtained by Consultant during this field site visit shall be linked by Consultant utilizing the Town’s Trible DA2 to the same coordinate system as the Town’s GIS information. Consultant shall provide the Town with a report of the findings and recommendations from the field site visit.

d. Consultant shall prepare a strategic plan for improvements to the Coal Creek corridor South of Erie Parkway. Consultant shall develop and review the strategic plan with Town staff.

e. Consultant shall prepare conceptual designs, list of project requirements, and cost estimates for each project identified in the strategic plan for improvements to the Coal Creek corridor South of Erie Parkway developed by Consultant.

f. Consultant shall finalize the strategic plan after receiving input on all elements of the plan from Town Staff.

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

a. Agendas prior to and minutes summarizing and following completion of all project management meetings.

b. A report of the findings and recommendations from the field site visit conducted by Consultant.

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1

c. A strategic plan for improvements to the Coal Creek corridor South of Erie Parkway The strategic plan shall address and include, at a minimum, the following:

1) Identification and recommendations regarding grouping of separate projects;

2) A summary and analysis of project priorities and scopes for each separate project identified;

3) Timing recommendations for final design, permitting and construction for each separate project identified;

4) Potential grant funding sources or opportunities for each separate project identified, including information on the applicable grant requirements and typical cycle for submittal.

d. Conceptual designs, list of project requirements, and cost estimates for each project identified in the strategic plan for improvements to the Coal Creek corridor South of Erie Parkway developed by Consultant.

3. Time. The Services shall commence on ______________ and be completed by:

P:\CAPITAL IMPROVEMENT PROJECTS (CIPS)\2025\COAL CREEK SOUTH OF ERIE PARKWAY\COMMENTS FROM MARY SUE\DRAFT

PSA (TAFT REVISIONS 7.18.25) WP EDITS.DOCX

174395518.1

Exhibit B Compensation

As compensation for completion of the Services in compliance with this Agreement, Consultant shall be paid on an hourly basis for the time spent by Consultant's employees for performance of Services satisfactorily completed up to the not to exceed amount identified in Paragraph III of the Agreement, in accordance with the following agreed upon hourly rates for Consultant’s employees:

The total annual compensation under this Agreement shall not exceed the amount included in the Town's annual budget.

Except as expressly provided in this Exhibit B, Consultant shall not be entitled to reimbursement or payment for any travel, meals, entertainment, administrative or overhead (copies, telephone, supplies, etc.), vehicle, mileage, or equipment costs.

Consultant shall submit invoices to the Town no more frequently than once per month that itemize the Services completed since the last invoice. Consultant shall include in all invoices an itemization of the Services rendered and the hourly breakdown billed in increments of not less than 15 minutes for all personnel and other charges, and supporting documentation as may be required by the Town.

mhall Image mhall Text Box EC4, EC3- improve ponds for access and maintenance. Examples include access path to ponds and outlet structure to creek and adding forebays.

mhall Callout Erosion, encroachment of trail mhall Callout Because of vertical bank erosion, weed management cannot occur. Bank erosion threatens irrigation pond.

mhall Callout Pond improvements may include forebay, access, dredging.

mhall Callout Provide access to outfall and improve outfall mhall Callout Pond repair work, bank is eroding, rip rap repair is failing. Unsafe to have rip rap along trail. Trail damage occurring from lifting concrete mhall

Bank erosion encroaching on trail.

mhall Callout Pond repair, access, dredging, forebay.

mhall Callout Evaluate erosion and drainage under bridge. Rip rap has been added along trail. PVC pipe is exposed due to erosion.

mhall

Drainage erosion. Rock has been placed to armor the west slope.

mhall Callout Bank erosion encroaching on trail.

mhall Callout Outfall maintenance mhall mhall mhall