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HomeMy WebLinkAboutC02-047 Peak Civil Engineering for construction of Miller Ranch/Edwards Spur RoadA i y f J AGREEMENT THIS AGREEMENT is made and entered into thisZ--(:7 day of � �} , 2002, effective January 15, 2002, by and between the COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as "County," located at 500 Broadway, Eagle, Colorado, and PEAK CIVIL ENGINEERING, INC., a Colorado Corporation, with offices at 1000 Lion's Ridge Loop, Vail, Colorado, hereinafter referred to as "Contractor." RECITALS: WHEREAS, The County is an owner in the Berry Creek/Miller Ranch parcel in Edwards, Colorado; and WHEREAS, The County desires professional civil engineering and land surveying services for construction of the Miller Ranch Road from the intersection with SH I -70G, the Edwards Spur Road to the intersection with the Union Pacific Railroad tracks and associated public infrastructure improvements; and WHEREAS, the Contractor is a provider of professional civil engineering and land surveying services and is willing to provide such services; and NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, the parties agree as follows: I. FORM OF AGREEMENT This Agreement shall consist of the terms and conditions stated in the following numbered paragraphs. No other documentation related to this Agreement or generated as a result of this Agreement shall form a part of this Agreement unless it is expressly referenced and incorporated herein. II. COUNTY REPRESENTATIVE The County Engineer, Helen Migchelbrink, P.E., is the official County representative and directs all services under this Agreement. Communication between the County and any other party to this Agreement shall be directed through the Board of 1 f ; i 4 ..f County Commissioners or their designee. III. SERVICES TO BE PERFORMED The Contractor shall provide to the County those services as fully described herein. The Contractor shall provide civil engineering plans and land surveying documents, as described below, for the design and preparation of construction bid proposals for the construction ofMiller Ranch Road and improvements to SH I -70G (Edwards Spur Road). This phase of the Miller Ranch Road construction is approximately 1. 14 miles in length beginning at its westerly terminus at the intersection with the SH I -70G and its easterly terminus at the intersection with the Union Pacific Railroad tracks, including intersections with Winslow Road and the Charter School Road. The Contractor shall provide knowledgeable and qualified personnel to provide the following services: A. Civil Engineering: Final Construction Plans - SHI - -70G Improvements 1. Colorado Department of Transportation (CDOT) final construction plans 3. CDOT coordination meetings B. Civil Engineering: Final Plat Submittal - Berry Creek/Miller Ranch Road 1. Intersection design / Curb return profiles 2. Final Plat (mylar drawing suitable for formal recording) 3. Final Drainage Report 4. Final hydraulic calculations 5. Coordination meetings for final plat C. Civil En i�g: Final Construction Plans - Berry Creek/Miller Ranch 1. Construction bid package (instructions to bidders, bid form, Division 1 & Division 2 specifications) 2. Re -issue plans for construction 3. Coordination meetings to prepare bid package D. Surveying: Final Construction Plans - SHI -70G Improvements 1. Edwards Spur Road cross - sections E. Survey: Final Plat Submittal - Berry Creek/Miller Ranch 1. Final plat drafting N 2. Final plat review 3. Final plat - set property / boundary monuments F. Surveying: Final Construction Plans - Berry Creek/Miller Ranch Road 1. Miller Ranch Road centerline profile topography verification 2. As- Built, field surveying 3. As- Built, drafting 4. As- Builts shall be submitted to the County within sixty (60) days of the completion of the construction of Miller Ranch Road. G. Drawings, etc. Final Construction drawings, plans, specifications and details, in accordance with the Eagle County Land Use Regulations, and as necessary, for bidding, procuring a bid, construction staking and construction of the project. H. General Conditions: 1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Services to be Performed. 2. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Services to be Performed, and the general and local conditions which can affect the Services to be Performed or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Services to be Performed without additional expense to the County. County assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 3. Before commencing activities, it shall be the responsibility of the Construction Contractor to: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Construction Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to County. 4. Contractor shall supervise and direct the Services to be Performed, using Contractor's best skill and attention. Contractor shall be solely responsible for coordinating all portions of the Services to be Performed. 5. Contractor, as soon as practicable, shall furnish in writing to the County the 3 :., C C names of subcontractors and suppliers for each portion of the Services to be Performed. 6. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Services to be Performed, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of County. In any event, County may grant an extension of time for the completion of the Services to be Performed, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the County, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given County immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 7. Contractor warrants to County that the Services to be Performed will conform to the requirements of the Agreement. 8. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Services to be Performed. If the Contractor performs Services to be Performed knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to County, Contractor shall assume full responsibility for such Services to be Performed and shall bear the attributable costs. Contractor shall promptly notify County in writing of any conflicts between the specifications for the Services to be Performed and such governmental laws, rules and regulations. I. Inclusions and Exclusions: Exhibit "A," incorporated herein by reference J. General Exclusions: see Exhibit "A." K. Deliverables Schedule: Submittals, e.g. design and bid deliverables, electronic data, computer -aided design (CAD, Auto -CAD) documents, drawings, plans and all construction- related documents, including those documents suitable for requests for construction proposals except as noted above, shall be delivered to the County no later than May 31, 2002. Electronic data, e.g. Auto - CAD shall be submitted on a Compact Disk - Recordable media format (CD -R) or other formats agreeable to the County. As -Built drawings shall be submitted within sixty (60) days of completion of the construction of Miller Ranch Road and improvements to SH I -70G. The County reserves the right to utilize the submittals per its discretion. Upon request, the County shall provide written notification of any conveyance to a third -party of the electronic data submittals by the Contractor. n t L. Project Management: Eric Williams, P.E., shall be the Contractor's Project Manager for this assignment. Helen Migchelbrink, P. E., County Engineer, is designated the County's Project Manager. All correspondence between the parties hereto regarding this project shall be between and among the Project Managers. Either party to this Agreement may designate another project manager by supplying such notice to the other party in writing. M. Change Orders: After execution of the Agreement, changes in the Services to be Performed maybe accomplished by Change Order or by order for a minor change in the Services to be Performed. County, without invalidating the Agreement, may order changes in the Services to be Performed within the general scope of the Agreement consisting of additions, deletions or other revisions. 1. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made. 2. A Change Order shall be a written order to the Contractor signed by County to change the Work. The County's Project Manager shall be the County's authorized representative to sign Change Orders. 3. County may also order minor changes in the Services to be Performed not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and County. Contractor shall carry out such written orders promptly. Both parties' project managers shall mutually agree upon the qualification of minor or major changes which shall be subject to the above conditions. N. Contractor's Obligations: 1. Contractor's obligation to perform and complete the Services to be Performed in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by County to Contractor under the contract documents, nor any use or occupancy of the Services to be Performed or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of defective Services to be Performed by County shall constitute an acceptance of Services to 5 be Performed not in accordance with the contract documents or a release of Contractor's obligation to perform the Services to be Performed in accordance with the contract documents. 2. If Contractor fails to correct Services to be Performed that are not in accordance with the Agreement, the County may direct the Contractor to stop the Services to be Performed until the correction is made. 3. If Contractor defaults or neglects to carry out the Services to be Performed in accordance with the Agreement and fails within a seven (7) day period after receipt of written notice from the County to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by County or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 4. The General Construction Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. 5. Contractor shall promptly correct Services to be Performed rejected by County as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Services to be Performed. 6. Contractor warrants and guarantees to County that all Services to be Performed will be in accordance with the Contract Documents. The parties hereto recognize that the scope of services may change, except as noted in the Exhibit "A ", General Exclusions. When the Contractor believes that the `Services to be Provided' has changed, via a Change Order, an amendment to this Agreement, or by a decision of the County, the Contractor shall be required to provide such changed services. The Contractor shall immediately notify the County of such belief and shall provide a statement of the maximum additional charges for such additional service changes. The Contractor shall not be entitled to be paid for any such additional services unless and until the County agrees in writing, via the procedure defined below, Article XIX, Entire Agreement/Amendment. 0 r IV. PAYMENT The County shall pay the Contractor for all such services performed in accordance with the provisions defined above for an amount not to exceed Fifty One Thousand Two Hundred Sixty Dollars andNo Cents ($51,260.00) ofwhich, Forty Six Thousand Two Hundred Sixty Dollars and No Cents ($46, 260.00). shall be designated for professional services and Five Thousand Dollars and No Cents ($5,000.00) shall be designated for reimbursable costs. Invoices submitted monthly to the County shall reflect the professional rates as defined in Exhibit `B," Peak Civil Engineering and Peak Land Surveying Rate Schedules. Professional time shall be invoiced to the nearest quarter hour. Reimbursable costs shall only include the reproduction fees associated with the final plat submittals or bid package. The County Representative shall review invoiced "reimbursable costs" for determination of reasonable charge. Any invoiced reimbursable cost not deemed a fair and reasonable charge shall be denied at the determination of the County Representative. All invoices to the County shall reference this Agreement, "Berry Creek/Miller Ranch Civil Engineering and Land Surveying Services for Final Construction Plans and Final Plat Submittal" and shall be delivered to: Eagle County Department of Community Development Keith Montag, Director P.O. Box 179 Eagle, CO 81631 Invoices shall contain the date(s) of service, name of employee /position, and type of service provided. The Contractor shall provide professional liability coverage for any services it renders under this Agreement. Invoice(s) shall be due and payable within thirty (30) days of their receipt. All payments by the County to the Contractor pursuant to this Agreement shall be delivered to the Contractor at the address set forth in the provision on Notices set forth below. Upon written notice from Contractor that the Work is complete, County will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. After Contractor has completed all such corrections to the satisfaction of County, Contractor may make application for final payment following the procedure for progress payments. The final 7 C � application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as County may reasonably require. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. 38 -26 -107. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29 -1 -101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). V. TERM, TERMINATION The term of this Agreement shall commence on January 15, 2002 and shall terminate on December 31, 2002. This Agreement may be terminated by either party without cause upon sixty (60) days written notice, and such termination shall in no way prejudice the payments due the Contractor for services rendered, nor the County's right to services prior to the end of the period ofnotice. If Contractor's services are terminated, postponed or revised, it shall be paid for that portion of the work satisfactorily completed at the time of notice of such action. VI. PROFESSIONAL WARRANTY The Contractor shall be responsible for the completeness and accuracy of the Services to be Performed, including all supporting data and other documents prepared or complied in performance of the Services, and shall correct, at its sole expense, all substantive errors and omissions therein. The County's acceptance or approval of the Contractor's Services shall not relieve the Contractor of its professional responsibilities. The Contractor shall perform the Services in a professional and competent manner and in accordance with the highest standards of care, skill and diligence applicable to civil engineering and land surveyors. The Contractor shall not be responsible for the content or accuracy of any mapping, surveys, reports, or studies provided by the County or its representatives. ,1 i C11 VII. ASSIGNMENT OR SUBCONTRACTING The Contractor and the County agree not to assign, pledge, transfer; or subcontract their duties and rights in this Agreement, in whole or in part without first obtaining the written consent of the other parties, the County Engineer in the case of the County, or the representative of the Contractor. Any attempt by the Contractor or the County to assign, transfer, or subcontract their rights hereunder without such prior written consent of the County's Representative or the representative of the Contractor, as the case may be, shall at the option of the non - defaulting parties automatically terminate this Agreement and all rights of the defaulting party. Such consent may be granted or denied at the sole and absolute discretion of the County if the Contractor is seeking such consent. Prior to designating an outside subcontractor to perform any ofthese services, the Contractor shall submit the name, together with resume of training and experience in work of like character of the project contemplated, to the County and receive approval in writing therefrom. VIII. NO WAIVER OF RIGHTS No assent, expressed or implied, to any breach of any one or more covenants, provisions, or conditions of this Agreement shall be construed as a waiver of any succeeding or other breach. IX. NON - HIRING /CONFLICT OF INTEREST Neither Contractor nor its subcontractors, nor any of their respective principals, officers, employees, or agents shall, at anytime during the term of this Agreement and continuing through three (3) months following completion of the Services to be Performed, perform consulting work which would constitute a conflict of interest, including but not limited to work on behalf of persons owning property within the area which is the subject of the Services to be Performed, which would not be detrimental to the County's interests. By acceptance of this Agreement, Contractor represents and warrants that any and all of its professional representations and associations, and those of its subcontractors and of their respective principals, officers, employees and agents, direct or indirect, whichwould conflict in anymanner or degree with the professional and impartial performance of services required under this Agreement have been terminated. The County and the Contractor agree that they shall not, without advance written consent of X c C11 the other, hire or attempt to hire the other party's employees or officers during the term of this Agreement, and for one year subsequent to the expiration of this Agreement. The parties agree that no employee of the.County shall have any personal or beneficial interest whatsoever in the services or property described herein and the Contractor agrees not to solicit, hire or contract for services of any employee or officer of the County. X. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement shall be strictly reserved to the parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person. It is the express intention of the parties that any person other than a party to this Agreement receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. XI. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, the parties agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because ofrace, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability; and further agrees to insert the foregoing provision in all subcontracts hereunder. XII. STATUS OF CONTRACTOR It is understood and agreed by and between the parties that the status of the Contractor shall be that of an independent contractor and it is not intended, nor shall it be construed, that the Contractor or its officers, directors, agents, subcontractors or employees under the contract are employees or officers of the County. THE CONTRACTOR UNDERSTANDS THAT IT AND ITS EMPLOYEES ARE NOT ENTITLED TO WORKERS' COMPENSATION OR FRINGE BENEFITS FROM THE COUNTY AND THAT IT IS OBLIGATED TO PAY FEDERAL, STATE, AND LOCAL TAXES ON ANY MONIES RECEIVED PURSUANT TO THIS AGREEMENT. 10 CJ r XIH. VENUE, GOVERNING LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado without regard to the choice of law thereof. Venue for any legal action shall be in a court of competent jurisdiction within the State of Colorado. XIV. LIABILITY GOVERNING LAW The Contractor agrees to be responsible for any and all negligent or wrongful acts or omissions of its officers, employees and agents arising out of this Agreement. The parties acknowledge that the County is covered under the Colorado GovernmentallmmunityAct, C.R.S. §24 -10 -101 etseq. The parties hereto understand and agree that the County is relying upon, and has not waived, the monetary limitations ($150,000 per person, $600,000 per occurrence) and all other rights, immunities and protection provided by the Colorado Governmental Immunity Act. XV. EXECUTIONS OF AGREEMENT. This Agreement is expressly subject to, and shall not be or become effective or binding on any party hereto until it is has been fully executed by all parties hereto. XVI. BINDING EFFECT. This Agreement shall be binding on all parties, their successors and assigns. XVII. NOTICES Notices concerning termination of this Agreement, notice of alleged or actual violation of the terms or provisions of this Agreement, and other notices shall be provided to the parties at the following addresses: If to the County: Eagle County Government County Attorney's Office 500 Broadway P.O.Box 850 Eagle, CO 81631 11 C C If to the Contractor: Peak Civil Engineering, Inc. Brent Biggs, President 1000 Lion's Ridge Loop Vail, CO 81657 Said notices shall be delivered by pre -paid U.S. Mail and shall be deemed effective three (3) days after deposit with the U.S. Postal Service. The parties may from time to time designate substitute addresses or persons where and to whom such notices are to be mailed or delivered but such substitutions shall be effective until actual receipt of written notification. XVIII. COUNTERPARTS OF AGREEMENT This Agreement shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and all of which, taken together, shall constitute one and the same instrument. XIX. ENTIRE AGREEMENT /AMENDMENT This Agreement reflects the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written statements, understandings or correspondence, if any, in respect thereto. This Agreement may be amended only by one or more Amendatory Agreements executed in the same manner as this Agreement. XX. INSURANCE. To assure the County that the Contractor is always capable of fulfilling potential liability obligations, the Contractor is required to purchase and maintain insurance of the kind, and in the minimum amount specified below. However, the insurance requirements below shall not be deemed to limit or define the obligations of the Contractor. Contractor is responsible for payment of any deductibles. The County reserves the right to request a certified copy of the policy(ies) for review in addition to the standard Certification of Insurance. The Contractor shall, prior to commencing work under this Agreement, obtain the following minimum insurance. A. Workers' Compensation and Employer's Liability Insurance: If services are performed within the State of Colorado, the Contractor shall carry Workers' Compensation and employer's 12 C C liability insurance to cover liability under the laws of the State of Colorado in connection with work performed pursuant to this Agreement with a waiver or subrogation in favor of the County, its elected officials, administrators and employees. B. Automobile Insurance: If motor vehicles are required in the performance of services by the Contractor under this Agreement, the Contractor shall carry automobile liability with Symbol 1, to include owned, non -owned and hired vehicles, and limits of liability no less than $1,000,000.00 per occurrence with coverage at least as broad as Insurance Services Office Standard Form CA0001 12/93. The County, its elected officials, administrators and employees shall be added to the policy as additional insured with a waiver of subrogation on their behalf. C. Commercial General Liability Insurance: The Contractor shall carry comprehensive general liability insurance which shall include blanket contractual liability, with coverage at least as broad as Insurance Services Office Standard Form CG0001 01/96. Such insurance shall be no less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Defense costs coverage for additional insured must be included and outside the limits of insurance. The County, its elected officials, administrators and employees shall be additional insured as respects this Agreement, with a waiver of subrogation in favor of such additional insureds. D. Professional Liability Insurance: Professional liability insurance at limits of no less than $1,000,000. The Contractor shall provide errors and omissions coverage of no less than $1,000,000 per occurrence. Subcontractors: The Contractor shall include all subcontractors as insured under its polices or shall furnish separate certificates and endorsements for each subcontractor. E. Certificates of Insurance: Any policies written on a claims -made basis must remain in force for at least five (5) years after the accepted completion date of the Services through the purchase of and extended reporting period. Certificates of insurance or equivalent evidencing the above and identified on their face as to the contract name and date of execution, shall be submitted to the appropriate County department director within fifteen (15) days after signing the Agreement. In order to be acceptable to the County, the insurance companies must be rated at least an A VIII. by A.M. Best Company, unless the County agrees to an exception. The certificates of insurance must bear the following wording in lieu of the standard wording: "Should any of the above described 13 C C policies be canceled before the expiration date thereof, the issuing company shall mail within forty- five (45) days a written notice by certified mail to the appropriate Eagle County department." XXI. INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the County, and its elected officials, administrators, employees and agents from and against any and all claims, demands, causes of actions, proceedings, damages, losses and expenses resulting from the negligent or willful acts or omissions by the Contractor, including the Contractors's officers, employees and agents. The Contractor need not indemnify or hold the County harmless for damages or claims caused by the sole negligence of the County or the County's employees or elected officials. XXII. SEVERABILITY In the event that any of the foregoing article(s), sub- article(s), term(s) or provision(s) is deemed illegal by adjudication, or in conflict with any law of the State of Colorado, the validity of the remaining articles of this Agreement shall remain in effect and enforceable as if this Agreement did not contain the invalid article, sub - article or provision. XXIII. OWNERSHIP CUSTODY AND ACCESS TO RECORDS It is understood and agreed that all records other than work papers and billing and time records prepared or utilized by the Contractor in the course of performing its services under this Agreement are not the property of the Contractor and shall remain in the custody of the County which shall maintain them for at least ten (10) years, provided however that the Contractor shall have full access to such records through the term of this Agreement for performing its services hereunder and thereafter, shall continue to have access for the purpose of defending a professional liability action or any audit or claim by an insurer, governmental agency or other party. The billing and time records of the Contractor relating to the services rendered to the County under this Agreement shall be retained for not less than three (3) years and shall be available to the County's auditor for inspection and verification. Contractor shall keep and maintain books, records, accounts and other documents and other documents (hereinafter collectively referred to as "records ") that are sufficient to accurately and completely reflect the operations of the Contractor in reference to this Agreement. Such records shall, upon reasonable request of the County, be made available for inspection for determining, in 14 C C11 accordance with acceptable accounting and auditing standards, compliance with requirements ofthis Agreement and the law. XXIV. CONFIDENTIALITY The Contractor acknowledges that it may receive confidential information from County for use in connection with its performance of the Services to bir. Performed. Contractor further acknowledges that it may, in the performance of the Services to be Performed, develop information, including facts, data, and opinions, which are, or in County's judgment should be, confidential or limited in terms of dissemination. Contractor shall take all precautions necessary to maintain and protect the confidentiality of any such information and to ensure that it shall be used only for the purposes of the Services to be Performed. All facts, data, and opinions developed by Contractor in the course of its performance of the Services to be Performed. shall be deemed to belong to County and no such facts, data, or opinions shall be disseminated to anyone for any purpose without County's express written consent. Upon completion of the Services To Be Performed, the Contractor shall return to the County all materials it supplied to the Contractor in connection with the performance of Services. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as ofthe day and year first above written. EAGLE COUNTY, COLORADO, CAMy Documents\Berry Crk Peak eng. contract.wpd PEAK CIVIL ENGINEERING, INC. By - Brent Biggs President 16 "CONTRACTOR" C C EXHIBIT A Berry Creek/Miller Ranch - Edwards, CO Inculsions & Exclusions: 1. CDOT Plans Notice to Proceed - Includes final design plans to gain Notice to Proceed approval from CDOT based on current lane and existing conditions on Edwards Spur Road at the date of this proposal, January 28, 2002. Intersection Details / Curb Return Profiles - Includes plans necessary for final plat approval in accordance with Eagle County Land Use Regulations, based on current design at the date of this proposal, January 28, 2002. 3. Final Drainage Calculations, Report & Coordination - Includes final Drainage Report and calculations in accordance with the Eagle County Land Use Regulations and the Northwest Colorado Council of Governments ( NWCCOG) based on all comments received at the time of this proposal, January 28, 2002. Coordination with abutters with downstream impacts associated with this development. Excludes drainage report and calculations specific for each tract (to be provided by the developer of each tract) and future coordination meetings with the developers of each individual tracts. 4. Hydraulic Calculations - Includes all hydraulic calculations and design in accordance with the Eagle County Land Use Regulations and NWCCOG based on all comments received at the time of this proposal, January 28, 2002. Assumes Howard Ditch will be conveyed in a pipe from Miller Ranch Road approximate station 45 +75 to approximate station 35 +00. 5. Storrawater Management Plan & Permit - Includes the preparation of a final stormwater management plan in accordance with the guidelines and comments received fromNWCCOG. Excluded are permanent stormwater management plans for each tract (to be provided by the developer of each tract), stormwater construction permit (to be obtained by contractor's erosion control officer from the Colorado Department of Public Health and Environment, Water Quality Control Division), waterway crossing or wetlands permit required by the U.S. Army Corps of Engineers. General Exclusions: Any changes in the scope of work required as a condition of Preliminary Plat or Final Plat approval by the Eagle County Planning Commission, Eagle County Board of County Commssioners, other review agencies or any deviation in the design requested by the County following the date of this proposal, January 28, 2002. Peak Land Consulting, Inc. Peak Land Surveying, Inc., Peak Civil Engineering, Inc. o Q EXHIBIT B Berry Creek/Miller Ranch - Edwards, CO Peak Civil Engineering Rate Schedule Item Rate Description PE $105.00/hr Professional Engineer PM $95.00/hr Project Manager DE $85.00/hr Design Engineer Peak Land Surveying Rate Schedule Item Rate Description CL $85.00/hr calculations /drafting/disks /prints 1R $130.00/hr one field person w /robotic 2F $130.00 /hr two- person field crew 2R $160.00 /hr two- person field crew w/ robotic Pro $110.00/hr LS -Calcs /legals /document review Chk $110.00/hr project checking Mtg $110.00/hr client meeting Wit $135.00/hr professional witness (court appearance) GPS -RTK IF $130.00/hr one person (RTK) GPS -RTK 2F $160.00/hr two person (RTK) GPS IF $130.00/hr 1 person w/2 units (collection) GPS 2F $180.00/hr 2 person w/2 units (collection) GPS 2F $225.00/hr 2 person w/4 units (collection) Peak Land Consulting, Inc. Peak Land Surveying, Inc., Peak Civil Engineering, Inc.