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HomeMy WebLinkAboutC12-111 Ground Engineering Consulants AGREEMENT BETWEEN EAGLE COUNTY AND GROUND ENGINEERING CONSULTANTS, INC. s , THIS AGREEMENT ( "Agreement ") is made this T lij day of kAtA r/V J , 2012, by and between Eagle County, Colorado ( "County "), and, Ground Engineering Consultants, Inc., a Colorado Corporation, ( "Contractor ") WHEREAS, County desires to retain Contractor for subsurface exploration, geotechnical and pavement section recommendations for the driveway and parking lot improvements for the Golden Eagle Senior Center, 715 Broadway, Eagle, Colorado (the "Facility "). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide subsurface exploration services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1— WORK 1.1 Contractor agrees to provide all services, labor, personnel and materials to perform and complete the services set forth in pages 1 through 4 of Exhibit A entitled Proposal for Subsurface Exploration, Geotechnical and Pavement Section Recommendations dated March 1, 2012 and identified as Proposal Number 1201 - 0137revised(2) (hereinafter "Services" or "Work ") which is attached hereto and incorporated by this reference. Contractor will use its expertise and skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit A, this Agreement shall control. The Work shall be completed as set forth in Exhibit A. 1.2 Unless otherwise agreed, County will furnish right -of way entry for Contractor and Contractor's sub - consultants /subcontractors to make borings, surveys and /or conduct other surface or subsurface explorations. Contractor and its sub - consultants /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 fees unless otherwise stated. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Engineering Department designee shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement. 3.2 The Agreement may be modified and the scope of Services may be changed upon a written amendment to this Agreement signed by both parties. 1 ARTICLE 4 — COMPENSATION 4.1 For the Services to be provided hereunder, County will pay Contractor the amounts and at the rates provided in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed three thousand dollars ($3,000) without an amendment to the Agreement agreed to and executed by both parties. 4.2 Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of Services performed and any reimbursable expenses. Reimbursable expenses shall be billed at cost with no mark up. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.3 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any Services done without written approval in accordance with a budget adopted by the Board of County Commissioners in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 5— CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder, the Facility, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to geotechnical engineering services of a similar nature. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 5.7 Contractor shall be responsible for the completeness and accuracy of the Work, including all supporting data and other documents prepared or compiled in performance of the Work including Work performed by its employees, agents or sub - contractors, and shall correct, at its sole expense, all significant errors and omissions 2 therein. The fact that the County has accepted or approved the Work shall not relieve Contractor of any of its responsibilities. 5.8 Contractor represents that its professional personnel are, and covenants that is professional personnel shall at all times remain, duly licensed to perform the Services. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement and Exhibits A and B. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and 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. 7.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Provision Mandated by C.R.S. § 8 -17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8 -17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Contract. 7.4.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 3 7.4.3 Contractor has confirmed the employment eli eligibility of all employees who are newly g tY Y hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http:// www .dhs.gov /xprevprot/programs /gc 1185221678150.shtm 7.4.4 The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 7.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor 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 Contractor 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. 7.4.6 The Contractor 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 established in C.R.S. § 8- 17.5- 102(5). 7.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 7.5 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.6.1 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub - consultant or sub- contractor agreements for the performance of any of the Services or without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor shall require each sub - consultant or sub - contractor, as approved by County and to the extent of the Services to be performed by the sub - consultant or sub - contractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for 4 the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ARTICLE 9 INDEMNIFICATION AND LIMITATION OF LIABILITY: 9.1 The Contractor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any negligent performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for any and all attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Contractor. 9.2 Notwithstanding anything to the contrary in this Agreement or in Exhibit A, damages due to or arising from professional negligence, breach of contract, or any cause of action, shall be limited to the limits of Contractor's insurance as required in this Agreement. 9.3 Any exploration, testing, specific observations and analysis associated with the Work will be performed by Contractor solely to fulfill the purpose of this Agreement and Contractor is not responsible for interpretation by others of the information developed. County recognizes that subsurface conditions beneath the project site may vary from those encountered in borings, surveys of explorations and that information and recommendations developed by Contractor are based solely on the information available to him at the time and location of such exploration. Furthermore, the information provided by the County in connection with the scope of Services provided may not and should not be construed as being sufficient for use by others for the purposes of providing cost estimates for portions of this project. ARTICLE 10 - DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic files) and materials which are obtained during, purchased or prepared in the performance of the Services shall become the property of County upon payment for the Services. Contractor shall provide all documents to County upon payment therefor. 10.2 All samples of soil and rock will be discarded thirty (30) days after report submittal. Upon County's request and authorization, samples will be delivered in accordance with County's instructions or stored for an agreed charge. ARTICLE 11 - TERMINATION: 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. 5 ARTICLE 12 — NOTICE 12.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Taylor Ryan, PE Eagle County Engineering Dept P.O. Box 850 Eagle, Colorado 81631 (970) 328 -3562 (p) (970) 328 -8789 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Contractor: Ground Engineering Consultants, Inc. 379 Indian Road Grand Junction, CO 81501 (970) 242 -4300 (p) (970) (f) 12.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 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 between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this Agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: 14.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado. 6 14.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 14.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 14.1.4 Professional Liability (Errors and Omissions) Insurance with prior acts coverage for all Services and additional Services required hereunder, in a form and with insurer or insurers satisfactory to County, with limits of liability no less than $1,000,000 per claim and $1,000,000 in the aggregate. 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit B. [(rest ofpage intentionally left blank]] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its County Manager BY: /1/ .0- Keith ontag, County Ma' . ger CONTRACTOR: GROUND ENGINEE G CONSULTANTS, INC. BY: .1., Title: 12.,‘, CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF 0( ( i t-fbp ) ss. COUNTY OF ( -,Ct ) The foregoing instrument was acknowledged before me by o'!-ti cttojc(S , of Ground Engineering Consultants, Inc. this 1 day of No rcl._ , 2012. My commission expires: %1 i IaU +a Ali_. 1 ..4 mat . Nota 'ublic LYNN ROBERTS TRUDEAU Notary Public State of Colorado 8 • Exhibit A March 1, 2012 Subject: Proposal for Subsurface Exploration, Geotechnical and Pavement Section Recommendations, Driveway and Parking Lot Improvements, Golden Eagle Senior Center, 715 Broadway, Eagle, Colorado Proposal Number 1201- 0137revised(2) Mr. Taylor Ryan, P.E. Eagle County 500 Broadway Eagle, Colorado 81631 Dear Mr. Ryan: GROUND Engineering Consultants, Inc. (GROUND) is pleased to submit this proposal to conduct a subsurface exploration program to develop geotechnical and pavement section recommendations for design and construction of driveway and parking lot improvements near the Golden Eagle Senior Center, located at 715 Broadway, in Eagle, Colorado. The pavement area is approximately 600 feet long and varies from approximately 30 to 60 feet in width. Based on observations at the site, the asphalt exhibits cracking and localized areas of ponded water and ice. We understand subsurface conditions and pavement recommendations are requested. Additionally, we understand sidewalk areas have settlement and /or heave distress and Eagle County also requests geotechnical recommendations for repair. Based on provided information and our experience with similar projects, we propose the following: Scope of Work (1) Drill a total of nine (9) pavement test holes using a conventional drill rig to evaluate subsurface conditions, obtain samples for laboratory testing, and provide data for geotechnical recommendations. Test holes will be advanced using a 4 -inch diameter, solid stem auger in existing asphalt areas at locations determined by GROUND and the Client. We anticipate the test holes will be approximately 5 to 15 feet, or until drill rig refusal conditions. Final depths of the test holes, however, will be determined by GROUND during the field exploration as the subsoil profile becomes evident. GROUND ENGINEERING CONSULTANTS 379 Indian Road, Grand Junction, CO 81501 Phone (970) 242 -4300 www.oroundena.com Office Locations: Casper • Englewood • Commerce City • Loveland • Granby • Gypsum Subsurface Exploration and Geotechnical Recommendations Driveway and Parking Lot Improvements, Golden Eagle Senior Center 715 Broadway, Eagle, Colorado (2) Conduct a laboratory testing program to determine classification and engineering characteristics of the materials at the site. (3) Analyze the results of the field and laboratory studies to develop geotechnical recommendations for pavement sections and sidewalk repair. (4) Prepare a report summarizing the data obtained, and present our conclusions and recommendations. Three copies of the report and an electronic 'pdf version will be provided. (5) Please note that the Client must provide authorized, legal access for GROUND's personnel and equipment. Additionally, GROUND requests that the Client locate any on -site utilities not located by public utility locators, including but not limited to gas, phone, CATV, water, sewer, irrigation, secondary electric, etc. This request is in accordance with Section 2 9 -1.5- 103(3) of the Colorado Revised Statutes and is formal written notice requesting the locates for any privately -owned facilities under your control. GROUND will notify public utilities through the Utility Notification Center of Colorado (UNCC). Our proposed scope of services does not include evaluation of the possible presence of hazardous materials. If indications of hazardous materials are encountered during the course of the subsurface exploration, fieldwork will be suspended, you will be contacted, and recommendations regarding an appropriate course of action can be provided. Fees and Terms Based on the proposed scope of services outlined above, we estimate a lump sum cost of $3,000 to subsurface exploration program. 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 Engineering Fee Schedule on page 5 of this proposal. 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 1201 - 0137 Ground Engineering Consultants, Inc. Page 2 of 5 Subsurface Exploration and Geotechnical Recommendations Driveway and Parking Lot Improvements, Golden Eagle Senior Center 715 Broadway, Eagle, Colorado 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 on page 6 of this proposal, which contain a limitation of GROUND's liability. 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 within 3 days of being given notice to proceed. We anticipate that the final report should be completed approximately 3 to 4 weeks after notice to proceed. GROUND will attempt to adhere to this schedule, however, this remains dependent upon favorable weather conditions, site access and buried utility locations. In any event, we will notify you of our progress and pertinent information, as it becomes available. If you have any questions, concerns or comments regarding this proposal, please contact this office. If this proposal meets with your approval, please return one signed copy to this office or fax/email to us for immediate commencement. We appreciate the opportunity to work with you on this project. Sincerely, GROUND Engineering Consultants, Inc. Scott W. Richards, P.E. Agreed to this day of , 2012 Eagle County by Please print name GROUND Engineering Consultants, Inc. by Please print name 1201 -0137 Ground Engineering Consultants, Inc. Page 3 of 5 GROUND ENGINEERING CONSULTANTS, INC. FEE SCHEDULE - ENGINEERING (2012) 2012E1 FIELD INVESTIGATION (Geotechnical and Environmental) Drill Rig - Truck Mounted with 2 Man Crew Drill Rig Support Vehicles 4 -inch and 6 -inch Solid Auger $145 per hour Water Truck $300 per day plus mileage Hollow Stem Auger $155 per hour Support Truck $150 per day Coring Bit wear + $200 per hour Environmental Drilling Standby Time $145 per hour Personal Protection Equipment Track Mounted Rig (Additional) Quote Level D $100 per man per day Drill Rig Mobilization and Demobilization Level C $150 per man per day In Town under 50 Miles Hourly rate Steam Cleaner $100 per day Truck Mounted Rig $1.10 per mile + $30 per man per hour Equipment Rental Cost + 20% Track Mounted Rig $2.35 per mile Well Construction Materials . Cost + 20% Water Truck $0.80 per mile + $35 per man per hour PID $150 per day Pick Up $0.60 per mile pH/Temp Meter $40 per day Falling Weight Deflectometer $325 per hour Drill Crew Overtime $25 per hour Geophysical Survey $95 per hour Field Engineer /Enviro. Tech $65 -$85 per hour LABORATORY TESTING Natural Density and Moisture Content $12.50 Triaxial Shear, per point Atterberg Limit (ASTM D -4318) $45.00 a. Unconsolidated - Undrained (Quick Test) $200.00 Specific Gravity $50.00 b. Consolidated - Undrained (R -Test) $350.00 Relative Density (ASTM D -2049) $200.00 c. Consolidated- Drained (S -Test) $575.00 Gradation Analysis (ASTM D-422) Permeability a. All Standard Sieve to #200 Sieve $55.00 a. Falling or Constant Head, 2 "-4" Diameter $200.00 b. Percent Less Than #200 Sieve $35.00 b. Triaxial Permeability $350.00 c. Hydrometer Analysis, add $55.00 c. Remolded (W & PR E -13) $225.00 Swell- Consolidation Califomia Bearing Ratio (ASTM D- 1883), 1 -Point $150.00 a. Loaded to 10,000 psf $45.00 Califomia Bearing Ratio (ASTM D- 1883), 3 -Point ... $300.00 b. Per load in Addition to 10,000 psf $10.00 R -Value (ASTM 2844) $275.00 Soil Suction $75.00 Resilient Modulus $300 per point + prep. at $50 per hour Standard Proctor Compaction (ASTM D -698) $90.00 Freeze -Thaw Test (ASTM 560) $350.00 Modified Proctor Compaction (ASTM D -1557) $100.00 Los Angeles Abrasion Test $150.00 Time - Consolidation (ASTM D -2435) $350.00 Soil- Stabilization Mixture Analysis Quote Unconfined Compressive Strength (ASTM D -2166) $40.00 Water Soluble Sulfate $45.00 Direct Shear, per point pH Test $35.00 a. Unconsolidated - Undrained (Quick Test) $125.00 Resistivity $30.00 b. Consolidated - Undrained $135.00 Corrosivity $125.00 c. Consolidated- Drained (ASTM D -3080) $325.00 Organic Content (ASTM D -2974) $35.00 Laboratory Technician $40 -$60 per hour ENGINEERING (Covers planning and general supervision, field trips, analysis, consultation, preparation of reports, and travel time.) Principal Engineer $125.00- $175.00 per hour Project Manager $85.00 - $105.00 per hour Construction Manager $85.00- $105.00 per hour Project Engineer or Geologist $75.00 - $95.00 per hour Staff Engineer $65.00 - $75.00 per hour CAD Technician $50.00 per hour Special Consultation, Expert Testimony and Court Appearance Negotiable daily rate MISCELLANEOUS Out -of -town living expenses, commercial travel costs, equipment rental, etc . Cost +15% Interest charged after 30 days from invoice date 1.5% per month Outside Laboratory Services Cost +15% Pile Dynamic Analysis, Ground Penetrating Radar, Cross Hole Sonic Logging, Sonic Echo, Thermal Conductivity and Resistivity Quote 1201 -0137 Ground Engineering Consultants, Inc. Page 4 of 5 Exhibit B 1 1 . 1 R CERTIFICATE OF LIABILITY INSURANCE 9!e /201D1 D9 1DIYYYY) 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Van Gilder Insurance Corp. P AIC.. N o.Extr,3 03 - Ri7 -85nn I C.No1:4SLi - R31 -529 1515 Wynkoop, Suite 200 E -MAIL Denver CO 8020 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL e INSURERA frra ye. 1 arp Insurance 3 INSURED INSURER B :MAR On Tnanrance Company Ground Engineering Consultants, Inc. INSURER gY. Pao1 Tnali ran ce CnmpanipR 41 Inverness Drive East INSURER D: Englewood CO 80112 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 950447872 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INS(( Wyp POLICY NUMBER (MM�IDD/YYYY) (MMI YYM, LIMITS A GENERALLIABIUTY Y Y 6801572MO26 4/26/2011 8/26/2012 FACHOCCURRENCE 81,000,000 LIABILITY DAMAGE 10 RENTED X COMMERCIAL GENERAL PREMISES Ma omxrancel 81, 000, 000 1 CLAIMS4AADE 1 ( OCCUR MED EXP (Any one person) 510, 000 PERSONAL &ADVINJURY 51,000,000 GENERALAGGREGATE 82,000,000 - GENT. AGGREGATE UMff APPLIES PER: PRODUCTS - COMPX)PAGG 82,000,000 POLICY I I .IFCr n LOC $ A AUTOMOBILE LIABILITY Y Y BAB2059789 4/26/2011 1/26/2012 ( WINCI-"MIT 81 X ANY AUTO BODILY INJURY (Per person) 8 _ AUTOSVINED �OSDULED BODILY INJURY (Per accident) $ X HIREDAUTOS X NON-OWNED a a OAA7AGE 5 _ C X UMBRELLA LJAB x OCCUR 0208300444 4/26/2011 1/26/2012 EACH OCCURRENCE 89,000,000 EXCESSLIAB CLAIMS -MADE AGGREGATE 89,000,000 _ LIED 1 1 RETENTION $ $ A WORKERS COMPENSATION y 0836881066 5/1/2011 5/1/2012 X 14170241 1 IO AND EMPLOYERS' UABIUTY y 1 N TnRY UMITC I R , ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT 81,000,000 OFFICER/MEMBER EXCLUDED? © N 1 A (Mandatory In NH) EL DISEASE -EA EMPLOYEE 51,000,000 Ifyyaaaa dasalbeunder DESCRIPTION OF OPERATIONS betas EL DISEASE - POLICY LIMIT 51,000,000 B Professional Liability AS27207304 5/6/2011 5/6/2012 Per Claim $2,000,000 Pollution Liability Annual Aggregate $2,000,000 Claims Made DESCRIPTION OF OPERATIONS( LOCATIONS I VEHICLES (Attach ACORD 101, Additional Ramada Schedule, M more space la required) If required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non- contributory basis. A Blanket Waiver of Subrogation applies for See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Proposal Purposes ACCORDANCE WITH THE POLICY PROVISIONS. * * * + * * * * + + ** +* ********* ++ + + + ++ AUTH DREPRESENTATIVE @ 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: AR !J- ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Van Gilder Insurance Corp. Ground Engineering Consultants, Inc. 41 Inverness Drive East POUCY NUMBER Englewood CO 80112 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE :CERTIFICATE OF LIABILITY INSURANCE General Liability, Automobile Liability, Umbrella Liability and Workers' Compensation. Limited Contractural Liablity is included. The Umbrella Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. i ACORD 101 {2008/01) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD