No preview available
HomeMy WebLinkAboutC08-381AGREEMENT FOR PROFESSIONAL SERVICES FOR GEOTECHNICAL SERVICES FOR THE EDWARDS TO WOLCOTT TRAIL PROJECT This Agreement is for Geotechnical Services for the Edwards to Wolcott Trail project dated as of'~,~e (Z pa„ 2008 between Eagle County ("County") and Grand Engineering Consultants, Inc. ("Consultant"). The parties agree as follows: Article I. Scope of the Work: Section 1.01 The Work described in this Agreement shall be as described in the attached Scope of Work labeled "Exhibit A" and shall include Geotechnical Services necessary to facilitate the engineering and design of the Edwards to Wolcott Trail by Inter-Mountain Engineering, who are working under separate agreement with Eagle County. Article II. Consultant's Performance: Section 1.02 Consultant shall be responsible for the completeness and accuracy of the Work, supporting data and other documents prepared or compiled in performance of the Work, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved Consultant's Work shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Work in a skillful, professional, and competent manner and in accordance with the standards of care, skill, and diligence applicable to engineers, as the case maybe with respect to similar work. The Consultant shall complete all work in compliance with all professional standards pertinent to the work described in the Scope of Work "Exhibit A" attached. Article III. Time and Performance and Termination: Section 1.03 Consultant shall commence the Work within seven (7) business days after the date of this Agreement. Tasks and documents shall be completed in coordination with Inter-Mountain Engineering in order to accommodate their deadlines below: Ditch Pipe and Trail Design: February 5, 2009 Railroad Crossing Study: January 9, 2009 Topographical Survey of connecting Trail January 9, 2009 Article IV. Compensation and Payment: Section 1.04 In consideration of its performance of the Work, Consultant shall be paid by County monthly based on percent of completion by task and direct expenses at cost. The total not to exceed fee is $7,295.00. Payment shall be made in accordance with the following: a. Consultant shall submit to County monthly invoices of the time spent and expenses incurred during the previous calendar month, and described by task performed. b. The professional fees and reimbursable expenses shall be due and payable within thirty (30) days after submittal by Consultant together with submission of any required clarification and documentation. c. For the purposes of this Agreement, the term "reimbursable costs" shall include only actual out-of-pocket expenses incurred by Consultant in connection with the Work, including the reasonable expenses incurred for travel to and from Consultant's regular place of business. Reimbursable costs will include report printing and map production but not other photo-reproduction costs. d. Hourly rates shall be as provided in Consultant's Standard Wage Rates as set forth in "Exhibit B" and incorporated herein by this reference. Fractional hours will be billed at the nearest one-quarter hour. e. The parties hereto recognize that the scope of the Work may change. When Consultant believes that the scope of the Work has been changed or that by reason of a decision of County it will be required to redo properly completed Work, Consultant shall immediately advise County of such belief and shall also provide a statement of the maximum additional charges for such work. Consultant shall not be entitled to be paid for any such additional work unless and until County agrees in writing that the scope of the Work has changed and accepts the statement of the maximum additional charges. f. Consultant shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law. g. Additional services, if required beyond the scope of work, shall be separately negotiated and agreed to by both the County and Consultant prior to the Consultant performing the additional service. Article V. Project Manager: Evan E. Kuhn and Michael K. Wariner shall be designated as Consultant's Project Managers for the Work. Ellie Caryl, ECO Trails Program Manager, Eagle County Government, shall be County's manager responsible for this Agreement. All correspondence between the parties hereto regarding this project shall be between and among the project managers. Either party may designate a different project manager by notice in writing. 2 Article VI. Independent Consultant: Section 1.05 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Consultant shall be, and shall perform as, an independent Consultant. No agent, employee, or servant of Consultant shall be, or shall be deemed to be, the employee, agent or servant of County. Consultant shall be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, servants and sub-Consultants during the performance of this Agreement. Article VII. Personnel: Section 1.06 Consultant understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of Evan E. Kuhn and Michael K. Wariner. This Agreement is conditioned upon the continuing direct personal involvement of Evan E. Kuhn and Michael K. Wariner. County understands that other employees of Consultant will be working on portions of the Work; however, these employees shall be under the direct supervision of Evan E. Kuhn and Michael K. Wariner and in the event they are unable to remain involved in the Work, Consultant shall immediately notify County and County shall have the option to terminate this Agreement. Article VIII. Ownership of Documents: Section 1.07 All documents which are obtained during or prepared in the performance of the Work are copyrighted and shall remain the property of the County, shall be so designated on the face of the document, and are to be delivered to County's project manager before final payment is made to Consultant or upon earlier termination of this Agreement. The County agrees not to reuse the documents or any portion thereof for construction at other locations without the expressed written consent of the Consultant. The County further understands that use of similar details for similar work in the future by the Consultant shall not be deemed a violation of the County's copyright. Article IX. Insurance: Section 9.01 To assure to County that the Consultant is always capable of fulfilling potential liability obligations, the Consultant 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 Consultant. Consultant is responsible for payment of any deductibles. County reserves the right to request a certified copy of the policy(ies) for review in addition to the standard Certification of Insurance. The Consultant shall, prior to commencing work under this Agreement, obtain the following minimum insurance. 1. Workers' Compensation and Employer's Liability Insurance: If services are performed within the State of Colorado, the Consultant shall carry Workers' Compensation and employer's liability insurance to cover liability under the laws of the State of Colorado in connection with work performed pursuant to this Agreement. 2. Automobile Insurance: If motor vehicles are required in the performance of services by the Consultant under this Agreement, the Consultant shall carry automobile liability to include owned, non-owned and hired vehicles, and limits of liability no less than $1,000,000.00 per occurrence. County, its elected officials, administrators 3 and employees shall be added to the policy as additional insured with a waiver of subrogation on their behalf. 3. Commercial General Liability Insurance: The Consultant shall carry commercial general liability insurance which shall include blanket contractual liability, with coverage 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. 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. 4. Professional Liability Insurance: Professional liability insurance at limits of no less than $1,000,000. The Consultant shall provide errors and omissions coverage of no less than $1,000,000 per claim and annual aggregate. 5. Sub consultants: The Consultant shall furnish separate certificates for each sub consultant. 6. Certificates of Insurance: 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 County within fifteen (15) days after signing the Agreement. Article X. Confidentiality: Section 1.08. Consultant acknowledges that it may receive confidential information from County for use in connection with its performance of the Work. Consultant further acknowledges that it may in the performance of the Work develop information, including facts, data, and opinions, which are, or in County's judgment should be, confidential or limited in terms of dissemination. Consultant 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 Work. All facts, data, and opinions developed by Consultant in the course of its performance of the Work 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 Work, Consultant shall return to County all material it supplied to Consultant in connection with the performance of the Work. Article XI. No Assignment: Section 1.09. The parties to this Agreement recognize that the services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement County is relying upon the personal services and reputation of Inter-Mountain Engineering, Ltd. Therefore, Consultant may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. Article XII. Conflicts of Interest: Section 1.08 Neither Consultant nor its sub-Consultants, nor any of their respective principals, officers, employees, or agents shall, at any time during the term of this Agreement and continuing through three (3) months following completion of the Work, perform consulting work which would 4 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 Work. By acceptance of this Agreement, Consultant represents and warrants that any and all of its professional representations and associations, and those of its sub-Consultants and of their respective principals, officers, employees and agents, direct or indirect, which would conflict in any manner or degree with the professional and impartial performance of services required under this Agreement, have been terminated. Article XIII. Notices: Section 1.09 Any notice and all written communications required under this Agreement shall be given by personal delivery, courier delivery, facsimile transmission together with a "hard copy" by United States mail, or first class mail, to the appropriate party at the following addresses: Consultant: Evan Kuhn Ground Engineering Consultants, Inc PO Box 464 Gypsum, CO 81637 County: Ellie Caryl, Program Manager ECO Trails Department, Eagle County P.O. Box 1070, Gypsum, CO 81637 Notice shall be deemed given on the first to occur of delivery, transmission by facsimile (if transmitted during customary business hours, or the following business day if not), or three calendar days after deposit in the mails, as applicable. 5 Article XIV Miscellaneous: Section 1.10 Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation, or family responsibility. Consultant shall require all sub-Consultants to agree to the provisions of this subparagraph. Section 1.11 The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the scope of the Work except by a written document of equal formality executed by both parties hereto. Section 1.12 This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. Section 1.13 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. Section 1.14 Budget /Appropriation: Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made to Consultant in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefore 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). Section 11.06 - Provision Mandated by House Bill 1343: Prohibitions on Public Contract for Services A. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. The Consultant shall confirm or attempt to confirm through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Consultant does not employ any illegal aliens. If the Consultant is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Consultant shall apply to participate in the Program every three months until the Consultant is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs.com\emplo erre~istration. C. The Consultant shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 6 D. If the Consultant obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: i. Notify the Subcontractor and the County within three days that the Consultant has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and ii. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. The Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If a Consultant violates these prohibitions, the County may, at its option, terminate the contract for a breach of the contract. If the contract is so terminated, the Consultant shall be liable for actual and consequential damages to the County. /Remainder of Page Intentionally Left Blank/ 7 I\ WIT\ESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COL:\TY OF EAGLE, S"TATS OI' COLORADO, By and Through its BOARD OF COLti"TY CO=VI=VIISSIO\ERS Bruce aumgartner, County Vlanag CO\SLLTA\T: Ground Engineering Consultants, Inc. /~ ; By: - ~~ ---- - -~ -Title: ~ ~ Pre, u ~ S"1'A"I'l~: OF COI.ORAI)O ss: County of ~p~p'~ ' a The foregoing was acknowledged before me this ~~'' day of /vp~Q..~y-~2008. h~ ~~ ~' ~~~ VIy commission cxpires: ~/a,$~~~ { 2 \otary Public Scat ELICHA M DEGNER f~OTARY PUBLIC STATE: OF COLORADO My Commissson Expires 01/28/2012 8 GENERAL CONDITIONS 1. Consultant shall provide and pay for labor, materials, consumables, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the service. 2. Consultant shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Service, and the general and local conditions which can affect the Service or the cost thereof. Any failure by Consultant to do so will not relieve him from responsibility for successfully performing the Service 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, Consultant shall: (1) verify field conditions; (2) carefully compare this and other information known to Consultant with that of the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to County. 4. Consultant shall supervise and direct the Service, using Consultant's best skill and attention. Consultant shall be solely responsible for and have control over means, methods, techniques, sequences and procedures, and for coordinating all portions of the Service. 5. No charge shall be made by Consultant for hindrances or delays from any cause whatever during the progress of any portion of the Service, 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 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 of Consultant's control, e.g. weather, or to acts of omission by County, provided that such extensions of time shall in no instance exceed the time actually lost to Consultant by reason of such causes, and provided further that Consultant shall have given County immediate notice in writing of the cause of the detention or delay. 7. The performance of the Service may be terminated at any time in whole, or from time to time in part, by County for its convenience. Any such termination shall be effected by delivery to the Consultant of a written notice ("Notice of Termination") specifying the extent to which performance of the Service is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by County, Consultant shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as County may make, to assure the efficient, proper closeout of the terminated Service (including the protection of County's property). Among other things, Consultant shall, except as otherwise directed or approved by County: a) stop the Service on the date and to the extent specified in the Notice of Termination; b) place no further orders or subcontracts for services, equipment or materials except as maybe necessary for completion of such portion of the Service as is not terminated; c) terminate all orders and subcontracts to the extent that they relate to the performance of Service terminated by the Notice of Termination; 9 d) assign to County, in the manner and to the extent directed by it, all of the right, title and interest of Consultant under the orders or subcontracts so terminated, in which case County shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e) with the approval of County, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f) deliver to County, when and as directed, all documents and all property which, if the Service had been completed, Consultant would be required to account for or deliver to County, and transfer title to such property to County to the extent not already transferred. In the event of such termination, Consultant shall be compensated for the work satisfactorily performed up through the termination date. 10 Exhibit A November 18. 2008 Subject. Proposal for Professional Services, Subsurface Exploration Program: Geotechnical and Pavement Recommendations, Proposed Eagle County ECO Trail, Wolcott to Edwards Eagle County. Colorado Proposal Number 0811-2386 ECO Trails Attn. Ellie Caryl PO Box 1070 Gypsum, Colorado, 81637 Dear Ms. Caryl, Ground Engineering Consultants, Inc. (GROUND) is pleased to submit a proposal to conduct a subsurface exploration program for providing geotechnical and pavement recommendations for the proposed Eagle County ECO Trail and associated structures that will extend, approximately between Wolcott and Edwards along Highway 6 in Eagle County, Colorado. We understand that proposed construction will Include a pedestrian trap approximately 2.5 miles in length; a pedestrian bridge over the Eagle River, reconstruction of a head gate on Eagle River, and a railroad crossing. It Is our understanding that the railroad crossing could be either an "at grade" crossing or a tunnel bore Based on provided information and our experience with similar projects, we propose the following Scope of Work The scope of work Involves two phases The first phase will involve the excavation of seven (6) test holes at various areas along the south side of the Eagle River One (1) test hole wail be excavated as near as poss~bie to the proposed head gate reconstruction Three (3) shallow (approximately 5ft ~n total depth) test holes will be excavated by hand in the proposed ditch piping area. Two (2) test holes will be excavated in the meadow within the proposed trail alignment __~'aROUI~IIZ- ENGINEEFIING CONSULTANTS INC 101A Airpark Dr., Unit 9, PO Box 464, Gypsum, CO 81637 Phone (970) 524-0720 Fax (970) 524-0721 www.groundeng.com Office Locations: Englewood Commerce City Loveland Granby Gypsum Proposed ECO Trail Edwards to Wolcott Eagle County, Colorado The second phase of work will include the excavation of two (2) test holes along the north side of the Eagle River. One (1) test hole in the vicinity of the northern abutment for the proposed pedestrian bridge and one (1) test hole in the vicinity of the proposed Union Pacific railroad crossing One (1) test hole be excavated in the vicinity of the southern end of the proposed pedestrian bridge Final depths of all the test holes will be determined in the field by our soils engineer as the test holes advance and the subsurface profiles become evident The test holes will be excavated to determine the subsurface soil profile and to obtain samples for laboratory testing. A laboratory testing program will be conducted to determine the engineering characteristics of the materials at the site. The results of the field and laboratory investigations will be analyzed to develop geotechnical recommendations including but not limited to proposed structure foundation types, lateral earth pressures, site grading, allowable bearing capacities and trail recommendations. We wil4 prepare an Initial report summarizing the data obtained, and present our conclusions and recommendations based on the test holes excavated on the south side of the Eagle River during Phase 1. Upon completion of the Phase 2 work, the initial report will be amended with any addltional information discovered during the phase 2 drilling. Three copies of both reports will be provided. Additional copies are available for an additional fee. Field work, data analysis and report preparation will be conducted under the supervision of a registered professional engineer Please note that the Client must provide authorized, legal access for GROUND s equipment Additionally, GROUND requests that the Client locate any of the private, on-site utilities. GROUND will notify public utilities through the Utility Notification Center of Colorado (UNCC). Our proposed scope of work does not include evaluation of the possible presence of hazardous materials As a separate workscope, GROUND can provide the Client with a proposal for conducting Environmental Site Assessments for the proposed development If indications of hazardous materials are encountered during the course of the geotechnical exploration at the site; field work will be suspended. you will be contacted; and recommendations regarding an appropriate course of action can be provided Proposal No. 0811-2386 GROUND Engineering Consultants, Inc. Page 2 of 6 Proposed ECO Trail Edwards to Wolcott Eagle County, Colorado Fees Based on the proposed scope of work outlined above. we estimate a fee of $4000.00 to complete the subsurface exploration program for Phase 1 and Phase 2. We estimate a fee of 52250 00 for Phase 1. We estimate a fee of 51750,00 for Phase 2, not including the time and expense to obtain a construction permit from the Union Pacific Railroad; this will be billed in addition to our estimated fees as the costs of the permit become evident We expect this value not to exceed 52000 00; we will notify you as additional information becomes available. Currently, we expect the permit to cost S545 00, plus 5750.00 for the UPRR Liability Insurance. We assume that the project site is accessible to conventional, track-mounted excavating equipment. In the event that access is unreasonably difficult, or should the exploration be postponed or terminated for any reason after notice to proceed has been provided, cost incurred will be charged in accordance with our hourly and unit rates as indicated on the attached Engineering Fee Schedule. If additional services are required above and beyond the scope of work outlined above, we propose that our fees for the additional services be in accordance with the hourly and unit costs presented in the Fee Schedule. As times for meetings or post-report consultation are difficult to predict; we propose that fees for such meetings also be based on the hourly rates shown on our Fee Schedule. GROUND will not proceed with any additional services or out-of-scope activities; however, without your prior approval and authorization. Please review the General Conditions, which contain a limitation of GROUND's liablfity. Afso note that GROUND reserves the right to withhold data and reports until we have received a signed proposal as well as altering the work scope items if deemed necessary Schedule We propose to initiate the investigation for Phase 1 within 5 days of receipt of the final contract from Eagle County We anticipate that the preliminary report should be completed within 4 weeks after notice to proceed The Phase 2 work will begin once the UPRR permit and insurance certificate are in-place UPRR suggests 30-45 days wait time for permitting The final report will be completed 2 weeks after the Phase 2 drilling is completed GROUND will attempt to adhere to this schedule, however this remains dependent upon favorable weather conditions, site access and buried utility locations and therefore cannot be guaranteed In any event; we will notify you of our progress and pertinent information, as it becomes available Proposal No. 0811-2386 GROUND Engineering Consultants, Inc. Page 3 of 6 Proposed ECO Trail Edwards to Wolcott Eagle County, Colorado If you have any questions, concerns, or comments regarding this proposal, please contact us Immediately If this proposal meets your approval, please sign both copies and return both to this office. We well execute them both and return one to you. We appreciate the opportunity to work with you on this project We appreciate this opportunity to work with you on this Important project. Sincerely; Ground Engineering Consultants, Inc. Evan E Kuhn Michael K. Wariner, P.E. Agreed to this day of , 2008. ECO Trails by: Please Print Name Proposal No. 0811-2386 GROUND Engineering Consultants, Inc. Page 4 of 6 General Conditions INVOICES: Consultant will submit progress invoices to Client monthly and a final bill upon completion of the services Invoices will show charges for different personnel and expense classifications Each invoice is due on presentation and is past-due thirty (30) days from invoice date Glient agrees to pay a finance charge of one and one-half percent (1 5°/) per month, or the maximum rate allowed by law. on past-due accounts. Should Consultant bang suit to recover past due payment for services rendered to Client, Consultant shall be entitled to recover all costs of collection, including reasonable attorneys fees SAMPLES: All samples of soil and rock will be discarded thirty (30) days after report submittal Upon Client's request and authonzation, samples will be delivered m accordance with Client's instructions, or stored for an agreed charge RIGHT-OF-ENTRY: Unless otherwise agreed, Client will furnish right-of-entry for Consultant and Consultant's Subconsultants/Subcontractors to make borings, surveys and/or conduct other surface or subsurface explorations Consultant and its Subconsultants/Subcontractors will take reasonable precautions to reduce damage to property However, cost of restoration or damage that may result from field operations is not included in the fee unless otherwise stated. UTILITIES: Consultant will not be liable for damage to utility Ines, piping, or other subterranean structures (pipes, tanks, irrigation lines, telephone wires, etc) if the locations are not shown on the site plans furnished to us REPORTS: Reports, plans and other work prepared by Consultant remain the property of Consultant until all fees for Consultant's services have been paid. Cl+ent agrees that all reports and other work furnished to the Client and his agents not paid for will be returned upon demand, and will not be used for licensing, permits, design and/or construction. Upon payment, records will be retained by Consultant for 3 years, after which availability cannot be guaranteed. USE OF ELECTRONIC OR OTHER SUPPLIED DATA: Electronic documents, site plans, or other information provided to Consultant for the subject project may be used in compiling geotechnical, environmental, or construction-related reports for the subject project It is the responsibility of the owner or supplier of such documents to ensure that our use does not violate any copyright or confidentiality that may be pertinent to the supplied information LIMITATION OF LIABILITY: Consultant agrees in connection with services performed under this Agreement that such services are performed with the care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and in the same or a similar locality No warranty, expressed or implied, is made or intended by rendition of consulting services or by furnishing oral or written reports of the findings made Liability of Consultant or Subconsultants) for damages due to or ans~rg from professional negligence, breach of contract, or ar,y cause of action, shall be Lm~ted to the Consultants fee Any exploration, testing, specific observations and analysis associated with the work will be performed by Consultant solely to fulfill the purpose of this Service Agreement and Consultant is not responsible for interpretation by others of the information developed Client recogrnzes that subsurface conditions beneath the protect site may vary from these encountered .n borings surveys of expiorat o^s and that informatior and recommendations deve~oped by Consu~tant are based solely er the ,nformat.on avarab!e to him a± the t!me ana location of such exploration Furthermore, the information provided by the ci~ent in connection with the scope of sernces provided may not and shou•d not be construed as being suff~aent for use by others for the purposes of prov~dmg cost estimates for portions of this project. CORPORATE PROTECTION: It must be agreed to by all parties affiliated with this agreement that the services provided by the Consultant that are in any way connected to this protect shall not connect Consultants employees owners, directors or officers to any personal exposure for asks associated with any portion of this protect Therefore, and not withstanding anything to the contrary that may be contained herein or in any other document related to this project, the Client, future owners. future users, and/or any other trade or professional, agrees that as the sole and exclusive remedy for any cla+m demand, or suit shall be directed and/or asserted against the Consultant, a Colorado Corporation, and not against any of Consultant's employees. owners, officers, or directors. Proposed ECO Trail Edwards to Wolcott Eagle County, Colorado Exhibit B GROUND ENGINEERING CONSULTANTS, INC. FEE SCHEDULE -ENGINEERING (2008) FIELD INVESTIGATION (Geotechnical and Environmental) Dry i R,g -Truck Mounted with 2 Mar Crew 4- rich and 6-rnch Sofa Auger S1 ~ 0-S" 30 per ''neur Hollcw Stem Auger 3 3/4" S12C-S' 60 per hcur Coring Bit Wear + S' 75 perrour Standby Time S1 CC per hour Track Mounted R,g (Add~tiona!) SSC pe• hour Cr." Rig Mcb;l¢at:on and Demob' zat~on In Tewn ur.aer 50 miles Hourly Rate Truck Mounted R;g S1 1 C per md e + S30 per man per hour Track Mounted R;g S2 35 per mr,e Water Truck SC SC per mil e + S30 per man per hour Pick up SO 60 per mile Falling We;ght Deflectometer 5275 per hour LABORATORY TESTING Natural Density and Mo!sture Content .. $10 00 Atterberg Limit (ASTM D-4318) .. ... S40 00 Specific Gravity . .. _ ..... S45 00 Gradation Analysis (ASTM D-422) a All Standard Sieve to #200 Sieve $50 00 b Percent Less Than #200 Sieve S30 00 c Hydrometer Analysis add . S50 00 Sweii-Consol~dat;on a. Loaded to 10,000 psf S40 00 b Per load in Addition to 10,000 psf S5 00 Time-Consolidation (ASTM D-2435) S300 00 Unconfined Compressive Strength (ASTM D-2166) S35 CO Direct Shear per point a Unconsolidated-Undra~ned (Quick Test) S~CO CO c Corse'~dateo-Urd~a red S' ~ 5 CC c Conso„datea-Dra ned (ASTM D-3080) S275 OC Standard Proctor Compaction (ASTM D-698) S80 OC Modified Proctor Compaction (ASTM D-1557) 590.00 Laboratory Technician S40 OC - S60 CO per hour ENGINEERING Ccvers plannrnq and general superwsicn field taps. analysis consultaticn preparation cf repots and travel time ~ Pr rc pa E^g ^eer Protect Manager Protect Engi^eer or Geo'og st Staff Ergir.eer CAD Techn can Spec~a~ Censu~`.at on Exce't Test mory and Cour'. Apoeararce Dr~l R g S..oport Veh~c'es Water Truck S" 10 per day Suppcrt Truck SSC pe• day Env.rormenta~ Dr',ing Personal Protection. Equ pment Level D S4C per r^ar per day Level C S75 per r,an per day S±eam Cleaner S75 per day Equ oment Rental Cost + 20 We.! Construction Materials/Ar,a'ytical Lab Cost + 20% Dnli Crew Overt;me S20 per hour Geophys;cal Survey S85 per hour Feld Engineer/Env;ro Tech S45-S75 per hour PID S10C per day pH/Temp Meter S35 per day "R"-Value (ASTM 2844) ... $250 OC Resist!vity S25 00 Freeze-Thaw Test (ASTM 560) .. , S325 OC Soil-Stabilization Mixture Analysis Quote Triaxial Shear, per point a Unconsolidated-Undrained (Quick Test) S175 00 b Consolidated-Undrained (R-Test) S325 00 c Consolidated-Drained (S-Test) S550 00 Permeability a Falling or Constant Head 2-4" Diameter S175 00 b Tnaxial Permeabildy S300 00 c Remolded (W & PR E-13) S200 00 Relative Density (ASTM D-2049) 5175 00 Californ a Bearing Ratio (ASTM D-"883) 1-Pont S100 00 Cai~`omia Bea•ing Ratio (ASTM D-1883) 3-Pont S275 00 Wale" So ub~e Su fate SzC CC off Test S3C CC Organic Ccntent (ASTM D-2.974) S3C 00 Los Angeles Abrasion Test S125 00 Resibent Modulus S275 OC per pomt+ lab prep a t S50lhour Corrosw~ty S85 CC MISCELLANEOUS Auto or Pickup M;leage (Outside Service Area) Out-of-town Iwrng expenses commercial Lave! costs, equipment rental, etc Interest charged after 30 days from ~nvo~ce date Outside Laboratory Services S' CC CGS' SC ..C pe~ "oar S85 CC-S'C5 CO cer haur S65 CO-S85 CC pe• hour S55 C^u-S65 CC per hour SSC CC per hour Negot ab.e Daily Rase SO 6C per mi!e Cost +2C% 5 % per month Ccst +20% Proposal No. 0811-2386 GROUND Engineering Consultants, Inc. Page 5 of 6