Town of Eagle Eagle River Park Project Manager Solicitation Applications due before 5 PM, February 9, 2017

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1 Town of Eagle Eagle River Park Project Manager Solicitation Applications due before 5 PM, February 9, 2017 INTRODUCTION The Town of Eagle is seeking a Project Manager for the Eagle River Park project. This is a multi-faceted project that includes whitewater wave features in the river and a river side park and parking areas. The project is being funded primarily by a voter approved.5% sales tax increase and bond issue of $5.6 million. The contracted Project Manager (PM) will be a consultant to the Town of Eagle whose responsibility will be to oversee all aspects of the design, bidding and construction of the project on behalf of the Town of Eagle. The project management roles are currently being performed on an ad hoc basis by a variety of Town of Eagle staff and consultants. These duties will be largely consolidated the role of the new Project Manager. PROJECT DESCRIPTION The project is located immediately to the south of Eastbound I-70, primarily on the dirt lot currently used as an informal rest area for semi-trucks extending from the Eagle County Fairgrounds Exhibition Hall to the west, up to and including Chambers Park to the east. Aerial image of the project location.

2 Town of Eagle Eagle River Corridor Project Project Manager Solicitation Schematic of the wave features already designed for the Eagle River by S2o of Lyons, CO PROJECT STATUS The project is being led by the Town of Eagle in collaboration with Eagle County. Eagle County owns the dirt lot. Eagle County owns or has easements for the work in the river. Town of Eagle owns Chambers Park. The narrow north bank of the river adjacent to Fairgrounds Road connecting the dirt lot to Chambers Park is privately owned. Boundary survey for all parcels in the reach have been completed. The project is divided into two distinct design and construction areas and scopes which will result in one seamless park project under the guidance of the Project Manager. IN RIVER: In late 2015, Scott Shipley of S2o Designs (Lyons, CO) was hired to design and engineer the wave features throughout Additionally, S2o is expected to secure the necessary permits, oversee the bid doc preparation and the in-stream construction. Wetland survey is complete. The design is at 95%, the 404 permitting with ACE is in process and construction is scheduled to begin in November 2017 and be complete by end of March S2o has also substantially completed engineering and design for a path located largely on private land that may connect Eagle River Park and Chambers Park. Geotechnical work necessary for this effort has been completed. Page 2 of 6

3 Town of Eagle Eagle River Corridor Project Project Manager Solicitation UPLAND PARK: In late 2016, Alpine Engineering and Zehren and Associates were selected as the design team for the Upland River Park. They are leading a robust public input design process expected to culminate with a final design for the park by July 2017 with construction documents prepared by late summer. Construction is anticipated to begin in Spring 2018, following the completion of the features in the river. The Upland River Park elements include a park area immediately adjacent to the river, soft and hard surfaced trails, a main parking lot, parking near the Exhibition Hall and potentially additional parking at Chambers Park. Restrooms, trail connections and other amenities are part of the Alpine Engineering scope of work. Additional geotechnical engineering and surveying are within the scope of Alpine Engineers contract. Please refer to Eagleoutside.com for more information about the Eagle River Park. QUALIFICATIONS The ideal candidate must: Demonstrate an in depth understanding of complex engineering specifications, engineering documents, and construction plans. Proven project management history of public sector capital projects and projects in the river and riparian environment are preferred. Demonstrate a significant work history in the Project Manager role with engineers, designers and contractors on projects of a similar size and complexity. Engineering Degree preferred but not required. Demonstrate a history of working with the public sector competitive bid process. Demonstrate a history of leadership involvement on complex projects that include multiple stake holders; Demonstrate excellent communication skills both oral and written; Demonstrate past experience keeping similar projects on time and on/under budget; Demonstrate a clear understanding of the project goals and have the ability to bring the team together to accomplish all objectives; Be exceptionally detailed and organized; Be a problem solver; Be tenacious in moving a project forward and keep the end goal in the forefront; Be able to keep the team on track to meet project milestones; Be responsive to s and phone calls; Demonstrate the ability to lead meetings and keep meetings on point; Demonstrate the ability to prioritize tasks to keep project goals on track. SCOPE OF SERVICES The Project Manager will report to the Town Manager. The Project Manager will become the point person for all consultants working on the project. The Project Manager will be responsible for implementing the entire project on behalf of the Town of Eagle. Invoices must be presented to Town of Eagle on a monthly basis and will be paid at the agreed to Page 3 of 6

4 Town of Eagle Eagle River Corridor Project Project Manager Solicitation hourly rate. The selected Project Manager shall be willing to execute a Consultant Agreement as shown in Appendix A with the Town of Eagle. It is anticipated that approximately 24 hours per week will be required to accomplish the tasks listed below. Attend and facilitate communication with the Owner (Town of Eagle), engineering and design teams, project coordinator, steering committee or any other stake holders throughout the design and construction processes. Maintain the project budget in consultation with the Town of Eagle Finance Director and prepare budget reports for review by Town Manager & Trustees. Review and authorize invoices and pay applications for the engineering, design and construction of the project. Facilitate and coordinate required project permits. (Eagle P&Z, Engineering, Utility, etc.) Coordinate project inspections either with the Town or with consultant teams. Develop request for qualifications (RFQ s) and requests for proposals (RFP s) for construction bidding for both the upland park and in river work. Review engineering cost estimates to be sure the vision is in line with the budget. Review of interim and final construction documents including plans and specifications for constructability and potential value engineering ideas. Review all plans involving utilities. Ensure all parties are capable of delivering or relocating required utilities when needed for construction. Develop bid schedules and instructions. Distribute bid packages through the Town s electronic bidding system. Additionally, assist with other methods to ensure qualified bidders are aware of the RFP. Conduct pre-bid conferences for in-river and upland park construction. Receive and analyze bids and recommend award for construction contracts. Negotiate and prepare contracts on behalf of Town of Eagle for approval by Town Manager and/or Trustees as appropriate. Prepare Town of Eagle Board Presentation documents for contract awards and regular updates regarding the project. Prepare, manage, and coordinate submittals, requests for information (RFI), changes, and change orders. Maintain construction records and open book accounting Manage project closeout and warranty including as-built drawings and warranty. Anticipated Project Schedule: (Included for Reference. Subject to change.) Public input meeting February 23, 2017, Eagle Ranch Pavilion from 6-8 PM Steering Committee meeting March 16, 2017, Eagle Town Hall from 2-4 PM Public input meeting March 24, 2017 location and TBD evening Steering Committee meeting April 27, 2017, Eagle Town Hall from 2-4 PM Public input meeting May 4, 2017 location and TBD evening Steering Committee meeting May 25, 2017, Eagle Town Hall from 2-4 PM Page 4 of 6

5 Town of Eagle Eagle River Corridor Project Project Manager Solicitation Final Park design presented to the Town Board of Trustees July/August 2017 Town Board meetings as needed In River work to be bid in Spring/Summer 2017 In River work to begin construction November 2017 through March 2018 in accordance with the Army Corps 404 Permit. Fall 2018 prequalify River Park Contractors Winter 2018 bid River Park Project Spring 2018 construction the River Park Selection Process A selection committee determined by the Town will review the proposals and conduct applicant interviews. Anticipated Selection Schedule Advertise Position to Submit Proposal before 5 PM Interviews Selection/Contract prepared Introduction to Town Board of Trustees Issue NTP to the Project Manager GENERAL PROPOSAL REQUIREMENTS 1. Cover letter describing interest in the project. 2. Applicant Resume; Team Resumes (If applicable) 3. Past Performance and Experience a. Identify 3 complex projects that you have managed and what level of management you provided. Identify if you were involved with the designers or construction or both for the project. For each project listed include the following information: b. The type of project, price or budget range, name and location. c. The name, phone number and of the owner. d. The planned project completion date and the actual completion date. 4. Please comment on your willingness to sign the Consulting Agreement as attached or if you need modifications to the Agreement. Please list what modifications you would request. 5. Please state your insurance limits and if you are able to comply with the insurance section of the contract. 6. Please provide your hourly personnel fee schedule and any reimbursable expenses. Identify, if any, travel costs related to the project. Note that there will Page 5 of 6

6 Town of Eagle Eagle River Corridor Project Project Manager Solicitation be an estimate amount in the Consulting Agreement for 2017 services as funding for 2018 has not yet been budgeted. SUBMIT APPLICATION PACKET BEFORE 5 PM, FEB 9, 2017 TO: John Schneiger, Eagle Town Manager rfp@townofeagle.org APPENDIX A: Consulting Agreement and Insurance Requirements Page 6 of 6

7 APPENDIX A CONSULTANT AGREEMENT AN AGREEMENT BY AND BETWEEN THE TOWN OF EAGLE, COLORADO AND (NAME OF CONSULTANT), FOR (SERVICES TO BE RENDERED). 1.0 PARTIES The parties to this Agreement are the Town of Eagle, a Colorado municipal corporation (hereinafter referred to as the "Town"), and (hereinafter referred to as the "Contractor"). 2.0 RECITALS AND PURPOSE 2.1 The Town desires to engage the Contractor for the purpose of assisting the Town with. 2.2 The Contractor represents that it has the special expertise and background necessary to provide the Town with the services. 3.0 SCOPE OF SERVICES The Contractor agrees to provide the Town with the specific professional services as set forth in Project Manager Solicitation and attached as Exhibit "A", attached hereto and incorporated herein by reference. 4.0 COMPENSATION 4.1 The Town shall pay the Contractor for services under this Agreement an hourly fee as provided in the Proposal and a total not to exceed the amounts set forth in Exhibit "A". Any increases or modifications of compensation or reimbursable expenses shall be made only by written amendment to this Agreement executed by both parties. 4.2 The Contractor shall submit invoices and requests for payment in a form acceptable to the Town. Invoices shall not be submitted more often than once each month unless otherwise approved by this Agreement or in writing by the Town. Unless otherwise directed or accepted by the Town, all invoices shall contain sufficient information to account for all of Contractor s time (or other appropriate measure(s) of work effort) and all authorized reimbursable expenses for the Services during the stated period of the invoice. Following receipt of a Contractor s invoice, the Town shall promptly review the Contractor s invoice. 4.3 The Town may dispute any of Contractor s time, reimbursable expense, and/or compensation requested by the Contractor described in any invoice and may request additional Page 1 of 10

8 information from the Contractor substantiating any and all compensation sought by the Contractor before accepting the invoice. When additional information is requested by the Town, the Town shall advise the Contractor in writing, identifying the specific item(s) that are in dispute and giving specific reasons for any request for information. The Town shall pay the Contractor within forty-five (45) days of the receipt of an invoice for any undisputed charges or, if the Town disputes an item or invoice and additional information is requested, within thirty (30) days of acceptance of the item or invoice by the Town following receipt of the information requested and resolution of the dispute. To the extent possible, undisputed charges within the same invoice as disputed charges shall be timely paid in accordance with this Agreement. Payment by the Town shall be deemed made and completed upon hand delivery to the Contractor or designee of the Contractor or upon deposit of such payment or notice in the U.S. Mail, postage pre-paid, addressed to the Contractor. 5.0 PROJECT REPRESENTATION 5.1 The Town designates, as the responsible Town representative to provide direction to the Contractor during the conduct of the project. 6.0 TERM The Contractor's services under this Agreement shall commence on, and shall be completed by no later than, INDEMNIFICATION To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the Town, and its officers and its employees, from and against all liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or are connected with the services hereunder, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the Contractor or any subcontractor of the Contractor, or any officer, employee, or agent of the Contractor or any subcontractor, or any other person for whom Contractor is responsible. The Contractor shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands, and to bear all other costs and expenses related thereto, including court costs and attorneys' fees. The Contractor's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the Town. 8.0 INSURANCE 8.1. The Contractor shall not begin the Work until it has obtained all insurance required by this Section and such insurance has been approved by Town. The Contractor shall not allow any subcontractor to begin any efforts on the Work until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Agreement, the Contractor and any subcontractors must maintain the insurance coverage required in this Section. Page 2 of 10

9 8.2. The Contractor and any subcontractor agree to procure and maintain, at their own cost, the following policy or policies of insurance. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or its subcontractors failure to procure and maintain insurance, or by reason of their failure to procure or maintain insurance in sufficient amounts, durations, or types Contractor shall procure and maintain, and shall cause each subcontractor of the Contractor to procure and maintain (or shall insure the activity of Contractor's subcontractors in Contractor's own policy with respect to), the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable 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 Workers' Compensation insurance to cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of Work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000) each accident, ONE MILLION DOLLARS ($1,000,000) policy limit, and ONE MILLION DOLLARS ($1,000,000) each employee. Does not apply if consulting firm has no employees Comprehensive General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall be applicable to all premises and operations of contractor. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations of Contractor. The policy shall contain a severability of interests provision. Coverage shall be provided on an occurrence basis as opposed to a claims made basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, its elected officials, officers, and employees and agents as additional insured parties Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of Contractor's owned, hired and/or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. Such issuance must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Agreement. Such insurance shall be endorsed to name the Town as Page 3 of 10

10 Certificate Holder and name the Town and its elected officials, officers, employees and agents as additional insured parties Professional Liability (errors and omissions) insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and annual aggregate. Such policy of insurance shall be obtained and maintained for one (1) year following completion of all services under this Agreement. Such policy of insurance shall be endorsed to include the Town as Certificate Holder Umbrella or Excess Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000). This policy shall become primary (drop down) in the event the primary Liability and/or Professional Liability policy limits are impaired or exhausted. The policy shall be written on an occurrence form and shall be following form of the primary. The form Excess Liability insurance shall include the Town as an additional insured. 8.3 The policies required above, except for the Workers' Compensation insurance, shall be endorsed to include the Town, and its officers and employees, as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, shall be excess and not contributory insurance to that provided by Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above Certificates of insurance shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. Each certificate shall identify the Work and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. If the words "endeavor to" appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The Town reserves the right to request and receive a certified copy of any policy within three (3) business days of such request Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town upon demand, or the Town may offset the cost of the premiums against monies due to Contractor. 8.6 The parties hereto understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and Page 4 of 10

11 protections provided by the Colorado Governmental Immunity Act, Sections et seq., C.R.S., as from time to time amended, or otherwise available to the Town, its officers, or its employees. 9.0 QUALITY OF WORK Contractor's professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of professional services of a similar nature in the Eagle County area INDEPENDENT CONTRACTOR Contractor and any persons employed by Contractor for the performance of work hereunder shall be independent contractors and not agents of the Town. Any provisions in this Agreement that may appear to give the Town the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the Town as to end results of the work only. As an independent contractor, Contractor is not entitled to workers' compensation benefits except as may be provided by the independent contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the independent contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract REMOVAL OF PERSONNEL BY TOWN Town may, in its discretion, require Contractor to dismiss from performance of the Services any personnel of Contractor or any subcontractor for any reason, effective upon written notice from Town of such dismissal. Town will not be required to pay salary or any other costs associated with dismissed personnel effective upon Contractor s receipt of notice to dismiss from Town SAFETY When and to the extent that Contractor or any of its employees, agents or subcontractors are working under the terms of this Agreement, Contractor will comply, and cause all of its employees, agents and subcontractors to comply, with applicable safety rules and security requirements ASSIGNMENT Contractor shall not assign or delegate this Agreement or any portion thereof, or any monies due to or become due hereunder without the Town's prior written consent DEFAULT Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. Page 5 of 10

12 15.0 TERMINATION 15.1 This Agreement may be terminated by either party for material breach or default of this Agreement by the other party not caused by any action or omission of the other party by giving the other party written notice at least thirty (30) days in advance of the termination date. Termination pursuant to this subsection shall not prevent either party from exercising any other legal remedies which may be available to it In addition to the foregoing, this Agreement may be terminated by the Town for its convenience and without cause of any nature by giving written notice at least seven (7) days in advance of the termination date. In the event of such termination, the Contractor will be paid for the reasonable value of the services rendered to the date of termination, not to exceed the total amount set forth in Exhibit A, and upon such payment, all obligations of the Town to the Contractor under this Agreement will cease. Termination pursuant to this Subsection shall not prevent either party from exercising any other legal remedies which may be available to it This Agreement may be terminated by the Town for any or no reason upon written notice delivered to the Contractor at least ten (10) days prior to termination. In the event of the Town s exercise of the right of unilateral termination as provided by this paragraph: Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination; and All finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall be delivered by the Contractor to the Town and shall become the property of the Town; and The Contractor shall submit to the Town a final accounting and final invoice of charges for all outstanding and unpaid Services and reimbursable expenses performed prior to the Contractor s receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by subsection above. Such final accounting and final invoice shall be delivered to the Town within thirty (30) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town ENFORCEMENT 16.1 In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs Colorado law shall apply to the construction and enforcement of this Agreement. The parties agree to the jurisdiction and venue of the courts of Eagle County in connection with any dispute arising out of or in any matter connected with this Agreement. Page 6 of 10

13 17.0 COMPLIANCE WITH LAWS Contractor shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town; for payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals INTEGRATION AND AMENDMENT This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties EMPLOYMENT OF OR CONTRACTS WITH ILLEGAL ALIENS Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under this public contract for services and that the Contractor will participate in the e-verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. The Contractor is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor s actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable State law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement EQUAL OPPORTUNITY EMPLOYER 20.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, disability or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, sexual orientation, disability, or national origin. Such action shall include but not be limited to Page 7 of 10

14 the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws Contractor shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof ARTICLE X, SECTION 20/TABOR The parties understand and acknowledge that the Town is subject to Article X, 20 of the Colorado Constitution ( TABOR ). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Town of Eagle, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated NOTICES Unless otherwise specifically required by a provision of this Agreement any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below or at such other address as has been previously furnished in writing, to the other party. Such notice shall be deemed to have been given when deposited in the United States Mail properly addressed to the intended recipient. Written notice may also be provided by electronic mail which shall be deemed delivered when receipt is acknowledged by reply of the recipient. If to Town: Town of Eagle Attn: John Schneiger, Town Manager 200 Broadway P.O. Box 609 Eagle CO john.schneiger@townofeagle.org Page 8 of 10

15 With Copy to: If to Contractor: With Copy to: Edward P. Sands, Esq. Sands Law Office, LLC 450 West Avenue, Suite 204 Rifle CO (Name) (Address) (City/State/Zip) ( address) (Name) (Address) (City/State/Zip) ( address) DATED:, TOWN OF EAGLE, COLORADO, a municipal corporation, acting by and through its Board of Trustees By: Anne McKibbin, Mayor ATTEST: Jenny Rakow, Town Clerk CONTRACTOR: By: Page 9 of 10

16 EXHIBIT A (DESCRIPTION OF PROVIDED SERVICES) Page 10 of 10