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Home My WebLink AboutC14-152 Ground Engineering Consultants AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND GROUND ENGINEERING CONSULTANTS THIS AGREEMENT("Agreement")is effective as of the first day of April, 2014 by and between Ground Engineering Consultants a geotechnical soils consulting firm(hereinafter"Consultant"or"Contractor") and Eagle County, Colorado,a body corporate and politic(hereinafter"County"). RECITALS WHEREAS,the consultant will provide soils analyses(the"Project")on Gold Dust Drive and the streets identified on the Exhibit A map, connecting to Gold Dust Drive in Edwards, Co(the"Property");and WHEREAS,Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof;and WHEREAS,this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor,personnel and materials necessary to perform and complete the services described in Exhibit A("Services")which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than April 30`h,2014 and in accordance with the schedule established in Exhibit A. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County's Representative. The Eagle County Road and Bridge Department's Director shall be Consultant's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and • subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 30r''of May, 2014, or until the Services are complete in accordance with the terms of this Agreement. 4. Extension or Modification. This Agreement may not be amended or supplemented,nor may any obligations hereunder be waived, except by agreement signed by both parties.No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement,Consultant's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $5,000.00. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If,at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant 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. 2 Eagle County Prof Services Final 1/14 e. 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 Consultant in respect of any period after December 31 of any year,without an appropriation therefor 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). 6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant agreements for the performance of any of the Services or additional services 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 the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant,to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process.The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned,hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations, broad form property damage with limits of liability not less than$1,000,000 per occurrence and$2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County,with limits of liability of not less than $1,000,000 per claim and$2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. 3 Eagle County Prof Services Final 1/14 i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant's certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s)for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition,all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an"A.M.Best"rating of not less than A-VII. iv. Consultant's insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty(30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant's certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five(5)business days of a written request from County, and hereby authorizes Consultant's broker,without further notice or authorization by Consultant,to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant,at its own expense,will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. 4 Eagle County Prof Services Final 1/14 xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers' compensation benefits except as provided by the Consultant,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers,agents and employees against any losses,claims,damages or liabilities for which County 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 performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable 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. Liability of Consultant for damages due to or arising from any cause of action shall be limited to the amount of insurance as required by this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory,and other rights, including copyrights)to the same as County shall from time to time request. For purposes of this paragraph,the term"documents"shall mean and include all reports,plans, studies,tape or other electronic recordings,drawings, sketches,estimates,data sheets, maps and work sheets produced, or prepared by or for Consultant(including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i) personally delivered, or(ii)when mailed in the United States mail, first class postage prepaid, or(iii) when delivered by FedEx or other comparable courier service, charges prepaid,to the parties at their respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission, or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado 5 Eagle County Prof Services Final 1/14 Attention: Gordon Adams 3289 Cooley Mesa Road Gypsum, CO. 81637 Post Office Box 250 Eagle, CO 81631 Telephone: 970-328-3540 Facsimile: 970-328-3546 E-Mail: gordon.adams @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty @eaglecounty.us CONSULTANT: Ground Engineering Consultants P.O.Box 464 Gypsum, CO 81637 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time,and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained,Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason,with or without cause,and without penalty therefor with seven (7)calendar days' prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue,Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County,Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 6 Eagle County Prof Services Final 1/14 14. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct,at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado.This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes,rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. 7 Eagle County Prof Services Final 1/14 g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours,upon 48 hours' notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge,no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. 1. The Consultant, if a natural person eighteen(18)years of age or older, hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Government Contracts. If Consultant has any employees or subcontractors,Consultant shall comply with C.R.S. 8-17.5-101, et. seq.,regarding Illegal Aliens-Public Contracts for Services, and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Agreement and that Consultant 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 Agreement. a. Consultant shall not: i. Knowingly employ or contract with an illegal alien to perform Services under this Agreement; or 8 Eagle County Prof Services Final 1/14 ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement 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 c. Consultant 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. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Consultant shall be required to: i. Notify the subcontractor and County within three (3) days that 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 Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. 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 established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 9 Eagle County Prof Services Final 1/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: . .∎.'1- Keith P. Montag, County " anager CONSULTANT: ( (jONIP &N 61 N 6-612- NJ Co Go suurp► -rS me By: Print Name: Ci" 'S H 0 TrO Title: Rio:-0-Mp n1 CSC-ft__ 10 Eagle County Prof Services Final 1/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE,FEES 11 Eagle County Prof Services Final 1/14 G�emz9. UN ENGINEERING March 19,2014 Subject: Proposal for Professional Services, Subsurface Exploration Program, Falling Weight Deflection Testing, Pavement Design and Evaluation, and Geotechnical Report, Gold Dust Drive, Edwards, Colorado Proposal No. 1403-0414 Mr.Gordon Adams Eagle County Road and Bridge P.O.Box 250 Eagle,Colorado 91631-0250 Sent via email:pordon.adamseeaalecountv.us Dear Mr.Adams: Ground Engineering Consultants, Inc. (GROUND) is pleased to submit a proposal to conduct a subsurface exploration program, perform Fafling Weight Deflection (FWD) testing, perform pavement design and evaluation, and to provide a report for the proposed reconstruction and rehabilitation of Gold Dust Drive in Edwards, Colorado. This proposal is based on the email Request for Proposal (RFP) from Eagle County Road and Bridge dated March 14, 2014. Based on the provided information, we understand the existing pavement section of Gold Dust Drive is believed to consist of 4 inches of asphalt over 6 inches of aggregate base course. The existing asphalt is approximately 20 years old, and has experienced light to heavy distress, including 9 vy complete failure in three 9 P individual areas. The asphalt in the failed areas has been removed and replaced with wit temporary P p ry gravel surfacing. A 2 inch mill and overlay are planned for p Homestead Drive this coming paving season, and we understand the project area will be extended to include Gold Dust Drive and ancillary streets. Based on this information, we propose to perform FWD field determination of in-place subgrade modulus in areas of moderate to light distress on Gold Dust Drive as well as the side streets to evaluate the need to reconstruct versus rehabilitation of the existing pavement structure. We also propose to observe the excavation of test pits in the three failed pavement areas to collect samples for laboratory determination of design pavement subgrade modulus to provide a pavement design for areas of Gold Dust Drive experiencing heavy distress to complete failure which will need to be fully reconstructed. This approach,while slightly more expensive than typical with regard to engineering,will likely optimize cost savings during construction. GYPSUM OFFICE PO Box 464 1 101A A rpark Drive,Unit 9 I Gypsum,CO 81637 I (970)524-0720 I www.groundeng.com ENGLEWOOD 1 COMMERCE CITY 1 LOVELAND 1 GRANBY I GYPSUM 1 CASPER Gold Dust Drive Edwards,Colorado This proposal is based on the provision of an excavator by Eagle County Road and Bridge. A traffic control plan is excluded from the scope of this proposal. Traffic control will consist of traffic cones and work ahead signs. if a traffic control plan and traffic control including flaggers is required by the County,additional fees will be assessed. Scope of Work Based on the provided information and our experience with similar projects,we propose the following: 1) Observe the excavation of three (3)test pits. The test pits will be excavated in the areas of temporary gravel surfacing within the existing roadway. However, test pit locations will ultimately be determined in the field by the staff engineer based on existing utilities and site constraints. The test pits will be excavated to determine the subsurface soil profile and to obtain samples for laboratory testing. The test pits will be excavated to depths of approximately 5 feet below existing grades. Eagle County Road and Bridge will be responsible for backfilling the test pits and restoring the gravel surfacing. 2) Conduct a laboratory testing program to determine the engineering characteristics of the site materials. The testing is anticipated to include moisture and density, particle size analysis, unconfined compressive strength, standard Proctor,R-value,water-soluble sulfates,and corrosivity testing. 3) Perform non-destructive FWD testing using JILS HFWD at a 9,000 pound loading with 8 geophones at standard SHRP spacing on Gold Dust Drive at seven (7) locations and five (5)locations on side streets. Locations shall be automatically obtained using a GPS and acquired by the Deflection Testing Software at each test location. Data will be collected when ambient temperatures have been greater than 40 degrees for at least 1 week, since frozen subgrade will reflect inaccurately high modulus values and structural numbers. 4) Analyze the results of the field and laboratory investigations to evaluate existing pavement conditions, develop pavement design, and provide geotechnical recommendations. 5) Prepare a report(s)summarizing the data obtained,and presenting our analyses, conclusions and recommendations. Given the temperature requirements of the FWD services, separate reports for the FWD and pavement design services will likely be issued. Electronic versions (pdf)will be provided, and hard copies are available upon request. Fieldwork, data analysis, and report preparation will be conducted under the supervision of a registered professional engineer. Proposal No.1403-0414 GROUND Engineering Consultants,Inc. Page 2 Gold Dust Drive Edwards,Colorado Fees Based on the proposed scope of work outlined above, we propose a Lump Sum of $4,330 to complete the work. An itemized list of the proposed cost is outlined as follows: > Project Setup, Utility Locate,&Coordination $195.00 D Field Engineer Test Pit Mob/Demob and Labor $285.00 Ir Laboratory Testing $965.00 D Pavement Design,Report Preparation,and Review $885.00 D FWD Field and Report Services $2,000.00 Total$4,330.00 Terms, 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 additional services without your prior approval and authorization. Please review the General Conditions,which contain a limitation of GROUND'S liability. Also 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. We assume the project site is accessible to conventional, rubber-tire Excavating equipment. In the event 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. GROUND will not be liable for damage to any underground facility(any"item of personal property"which is buried or placed below ground for use in connection with the storage or conveyance of water or sewage, electronic, telephonic, or telegraphic communications or cable television, electric energy, or oil, gas, or other substances). "Item of personal property"includes,but is not limited to,pipes,tanks,irrigation,sewers, conduits, cables, valves, lines, wires, manholes, and attachments thereto. The performance of a private utility locate cannot guarantee that all utilities will be discovered and marked. Therefore,the Owner is advised that they should locate any of the private, on-site facilities under their control. The requirement for the Owner to locate their privately owned utilities is in accordance with Section 2 9-1.5-103 of the Colorado Proposal No.1403-0414 GROUND Engineering Consultants,Inc. Page 3 Gold Dust Drive Edwards,Colorado Revised Statutes and Is formal written notice requesting the locates for any privately- owned facilities under the Owner's control. GROUND will notify public utilities through the Utility Notification Center of Colorado(UNCC). A contractor who relies upon GROUND's reporting for development of his scope of work or cost estimates may find the geotechnical information to be inadequate for his purposes or find the geotechnical conditions described to be at variance with his experience in the greater project area. The contractor is responsible for obtaining the additional geotechnicai information that is necessary to develop his work scope and cost estimates with appropriate precision. Our proposed scope of work does not include evaluation of the possible presence of hazardous materials. if indications of hazardous materials are encountered during the course of the geotechnical exploration at the site, fieldwork will be suspended, you will be contacted, and recommendations regarding an appropriate course of action can be provided. Schedule We propose to initiate the pavement design investigation at the earliest opportunity. FWD services will be completed when the required temperatures have been realized. We estimate the pavement design report should be available within approximately 2 to 3 weeks after the completion of excavating. GROUND will attempt to adhere to this schedule;however,this remains dependent upon favorable weather conditions, site access, buried utility locations, and the provision of items by others necessary to complete the work as outlined herein,and therefore cannot be guaranteed. 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 s r e ardin 9 this proposal, please contact this office. If this proposal meets with your approval, please return one signed copy to this office at which time we will sign and return an executed copy to you. We appreciate this opportunity to work with you on this important project. Sincerely, GROUND Engineering Consultants,inc. Z-1%---4.%dor &Ati"-J"-- Carl Henderson, P.E. Chris Hutto,C.E.T. Proposal No.1403-0414 GROUND Engineering Consultants,Inc. Page 4 Gold Dust Drive Edwards,Colorado Agreed to this /-844-day of H Af..14- ,2014 Eagle County Road and Bridge,Inc.by: �1 _ _!S GOr...D0 46,61/4 D,,M,, Please print name Agreed to this 2 v day of "i►,C'..-CA ,2014 GROUND Engineering Consultants,Inc.by: CW rat s Pu-r° Please print name Proposal No.1403.0414 GROUND Engineering Consultants,Inc. Page 5 Gold Dust Drive Edwards,Colorado GROUND ENGINEERING CONSULTANTS, INC. FEE SCHEDULE-ENGINEERING (2O14)2014E1.2 FIELD INVESTIGATION (Geotechnical and Environmental) Dull Rig Truck Mounted with 2-Man Crow Drill Rig Support Vehicles 4-Inch and 6-Inch Solid Auger 5125-$145 per hour Water Truck .5175-$300 per day Hollow Stern Auger $140-$165 per hour Support Truck $150-$175 par day NX Wiretine Coring/Rotary...._..Bit Wear+$155-$200 per hour Envkcn mental Drilling Standby Time Hourly drill rate Personal Protection Equipment Track Mounted Rig(Additional) $155-5210 pot hour Leval!) ......5100 per rran per day Drill Rig Mobilization end Demobilization Level C $150 per man per day In Town under 50 miles....... ...... ..... _...... »_........Hourly Rate Steam Cleaner.. ....,.._ $90-S100 per day Truck Mounted Rig----$1.75 per mile+$35 per man per hour Equipment Rental.. Cost+20% Track Mounted Rig......_.......S3 per mile+535 per man per hour Well Construction Materials Cost+20% Water/Support Thick $1.15 per mile+$35 per man per hour Drill Crew Overtime $25-$45 per hour Pick up 51.15 per mile+535 per man per hour Geophysical Survey- . $95 per hour Falling Weight Deflectometer __$325 per hour Field Eno lneeriEnvlro.Tech. SE5-585 per hour PIO., $150 por day pH,?omp Meter 540 per day LABORATORY TESTING Natural Density and Moisture Content $12.50 'R'-Value(ASTM 2844)...............»....,,...... _ ....5300.00 Atlerberg limit(AST?d D-4318) $45.00 Resistivity $30.00 Specific Gravity 560.00 Freeze-Thaw Test(ASTM 560) 5350.00 Gradation Analysis(ASTM D-422) Sal-Slabilzalion Mixture Analysis Quote a. Al Standard Sieve to#200 Sieve $55.00 Trieste!Shear.per point b. Percent Loss Than#200 Sieve $35.00 a, Unconsolidated-Untrained(Quick Test)...............$200.00 c_ HydrometerAnalysls,add .................... ..........$55.00 b. Consolidated-Undre net r (R Test)...................»..»5350.00 c. Cansolidated-Drained(S-Test) $575,00 Swell-Consoldation Permeability a. Loaded to 10.000 psf $45.00 a. Falling or Constant Head.2.4'Diameter.......$200.00 b. Per toad in Addition to 10,000 psf.....................- $10.00 b. Trieste!Permeability 5350.00 Tone-Consolidation(ASTM 0-2435).........................._.....,..$350.00 Unconfined Compressive Strength(ASTM 0-2166), $40.00 Relative Density(ASTM D-2049)..._._,_ 5200.00 Direct Shear per point California Bearing Ratio(ASTM i]•1883).1-Point» $150.00 a. Unconsoldated•Undrained(Quick Test) $125.00 California Bearing Ratio(ASTM D-1883),3-Point.....5300.00 b. Consolidated-Undrained ._.........5135.00 Water Soluble Sulfate 545.00 c. Consolidated-Drained(ASTM D-3080) 5325.00 pH Test $35.00 Standard Proctor Compaction(ASTM 0-698),. $90.00 Organic Content(ASTM 0-2974).......»,...,_ $35.00 Modified Proctor Compaction(ASTM 0-1557) ..„5100.00 Los Angeles Abrasion Test _.,.• .5150.00 Laboratory Technician $40.00-$60.00 per hour Resilient Modulus ..$300.00 per pcinl+lab prep at S50ihour Soil Suction $50.00 Cornish/IV .$125.00 ENGINEERING (Covers planning and general supervision,Feld(rips,analysis,consultation,preparation of reports,and travel lime.) Principal Engineer.._ ._ 5125.00-$175.00 per hour Project Manager,. $85.00.$105.00 per hour Construction Manager »,._»......_._.. .. $65.00•$105.00 per hour Project Engineer or Geologist _...... ._ M _...._.. .........,575.00.595.00 per hour Stall Engineer_._. . .. ... 565•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 8ving expenses,commercial travel costs,equipment rental,etc ... ....---_.Cost+15%-20% Interest charged after 30 days from invoice date.................. ...,...._ ».. _. .. „..» 1.5%per month Outside Laboratory Services. ....... ..__... ... .................... ................. ._ _..» ._.__. .. Cost+20% Pita Dynamic Analysis,Ground Penetrating Radar,Cross Hole Sonic Lagging,Sonic Echo,Thermal Conductivity and Resistivity........Quote Proposal No.1403-0414 GROUND Engineering Consultants,Inc. Page 6 GENERAL CONDITIONS INTENT OF SERVICES: The services and any subsequent analysis and reporting performed by the Consultant under this agreement are intended to assist the Client in planning and/or designing the project. Any exploration,testing,and/or analysis associated with the services will be performed by Consultant solely to fulfill the purpose of this agreement. Our reporting may not contain sufficient information for other parties or other purposes. Any changes in project plans or schedule,referenced within Consultant's reporting, should be brought to the attention of the Consultant, in order that provided geotechnical recommendations be re-evaluated and,as necessary,modified. Any geotechnical conclusions and recommendations in Consultants reporting will rely upon subsurface exploration at a limited number of exploration points, as well as the means and methods described. The Client must accept that subsurface conditions are Interpolated between and extrapolated beyond these locations and It Is not possible to guarantee the subsurface conditions are as indicated. Actual conditions exposed during any subsequent construction may be expected to differ from those encountered during site exploration. Additional exploration and laboratory analysis can always be performed to further evaluate a particular site's subsurface condition,albeit at additional lime and cost. The Consultant is available to discuss the benefits of additional geotechnical evaluation with the Client. Our scope of services reflected the Client's preferences,objectives,budget,and schedule as understood by GROUND at the time of proposal preparation. The resultant recommendations and information provided may not be sufficient for use by other parties or other purposes. In the event the Client or any user of Consultant's reporting does not fully understand the risks associated with the earth conditions at the project site and the acceptance of responsibility to manage/mitigate these risks, Consultant recommends he contact a GROUND principal for further assistance. A contractor who relies upon Consultant's reporting for development of his scope of work or cost estimates may find the geotechnical information to be inadequate for his purposes or find the geatechnical conditions described to beat variance with his experience in the greater project area. The contractor Is responsible for obtaining the additional geotechnical information that Is necessary to develop his work scope and cost estimates with appropriate precision. ALL DEVELOPMENT CONTAINS INHERENT RISKS. It Is important that ALL aspects of Consultant's reporting,as well as the estimated performance(and limitations with any such estimations)of proposed project Improvements are understood by the Client,Project Owner(if different),and properly conveyed to any future owns s. Utilizing reported recommends lions for planning, design, and/ r construction constitutes understanding and acceptance of the information P loon and recommendations provided,potential risks,estimates of improvement performance,as well as the!Imitations inherent within such estimations. Evaluation/identification of hazardous/contaminated materials that may be present,is not Included In Consultant's scope of services unless otherwise indicated. Client/Owner must Inform Consultant to the presence of hazardous/contaminated materials,known to him,prior to performance of any subsurface exploration. Consultant's proposed fees do not include post-report consultation, unless otherwise specified in proposal. in the event of difficult site access,postponement,or termination of cur services for any after Y notice to proceed has been P provided b Client,cost Incurred will be charged In accordance with hourly and unit rates as indicated on the Engineering Fee Schedule.staff consultation services requested following Issuance of any report will be billed at$85 per hour for a project engineer/geologist and $105 per hour for a senior-level engineer/manager/geologist. These fees will be billed accordingly without further notice. Consultant will not proceed with any additional field-related services(drilling,utility locates,etc.)without Client's prior written authorization. ,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. siNESPFIr- SAMPLES All samples of soil and rock will be discarded thirty(30)days after report submittal. Upon Client's request and written authorization,samples will be delivered in accordance with Client's instructions,or stored,for an agreed charge. RIGHT• F-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 SubconsultentslSubcontractors 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. UTILMES:Consultant will not be liable for damage to any underground facility(any"item of personal property"which is buried or placed below ground for use in connection with the storage or conveyance of water or sewage,electronic,telephonic, or telegraphic communications or cable television,electric energy,or oil,gas,or other substances),item of personal property" Includes, but is not limited to, pipes, tanks, irrigation, sewers, conduits, cables, valves, lines, wires, manholes, and attachments thereto. Owner must locate any of the private,on-site facilities. This requirement Is in accordance with Section 2 Proposal No.1403-0414 GROUND Engineering Consultants,inc. Page Y 9-1.5-103 of the Colorado Revised Statutes and is formai written notice requesting the locates for any privately-owned facilities under Owner's control. Consultant will notify public utilities through the Utility Notification Center of Colorado(UNCC). REPORTS: Reports, plans and other work prepared by Consultant remain the property of Consultant until all fees for Consultants services have been paid. Client 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. If any information provided In such reports is used for the design and/or construction of the project or anything else at the subject site,GROUND Is indemnified by the user with regard to professional and general liablfty. 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. UMITATION OF UABILITY:Consultant agrees In connection with geotechnical engineering,engineering geology,and related 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 its of the findings made.The economic or technical rformance of an jecl cannot be guaranteed in any respect. CORPORATE PROTECTIONz 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 project shall not connect Consultant's employees,owners,directors,or officers to any personal exposure for risks associated with any portion of this project. 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 claim, 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. Proposal No.1403-0414 GROUND Engineering Consultants,Inc. Page El £i i l CC ili {a //f ;, o • /� } \ iv % LA . k ` � I I \ . : \ °, r $ o Lt b 1 al g : O f 4 ¶j J) 0 § 2 L3 u i& 4 �\ • !� � � E. 0 �% § o L$J © ; f J cU �� ¥ . ||} 0 t 1 to 2 I A� � � � J � � I 00#4 e , s $ /q2 8 ct I © § i t . . } 6}$ \ � , ® ,� wy } ¥ Awn. . 5 % �. © a %�o I tis q a to U I ¥ a» U4 "mom%Jo EXHIBIT B Insurance Certificate 12 Eagle County Prof Services Final 1/14 III ACRE, CERTIFICATE OF LIABILITY INSURANCE 3/28/2014 D/YYW) 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 policy(ies)must be endorsed. If SUBROGATION IS 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: USI Colorado LLC (A/C.No.Ext):303-837-8500 (A/c,No):303-831-5295 1515 Wynkoop,Suite 200 E-MAIL Denver CO 80202 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hudson Insurance Company 25054 INSURED INSURER B Travelers Indemnity Co 0 Ground Engineering Consultants, Inc. INSURER C:The Phoenix Insurance Company 25623 41 Inverness Drive East INSURER D:The Charter Oak Fire Insurance Comp Englewood CO 80112 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:878427008 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS C GENERAL LIABILITY Y Y 6801972M026 4/26/2013 4/26/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY X IE 0 LOC $ D AUTOMOBILE LIABILITY Y Y 8101175R595 4/26/2013 4/26/2014 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE _ AUTOS (Per accident) B X UMBRELLA LIAB X OCCUR CUP7B168379 4/26/2013 4/26/2014 EACH OCCURRENCE _ $9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $9,000,000 DED X RETENTION$10,000 $ g WORKERS COMPENSATION Y UB3688T066 5/1/2013 5/1/2014 X W'CSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? © N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability AEE7207306 6/6/2013 3/6/2014 Per Claim $2,000,000 Pollution Liability Annual Aggregate $2,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) As 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 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, See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Road&Bridge ACCORDANCE WITH THE POLICY PROVISIONS. 3289 Cooley Mesa Road PO Box 250 AUTHOR! D REPRESENTATIVE � Eagle CO 81631 • ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACORICIr ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED USI Colorado LLC Ground Engineering Consultants, Inc. 41 Inverness Drive East POLICY 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 Automobile Liability and Employers Liability. Re:Gold Dust Drive-Pavement Design and Evaluation Additional Insured; Eagle County Road&Bridge ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD