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HomeMy WebLinkAboutC14-217 High Country Engineering, Inc. Agreement 4 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND HIGH COUNTRY ENGINEERING, INC. 2 � THIS AGREEMENT("Agreement")is effective as of the day of `� 2014 by and between High Country Engineering, Inc. a Colorado Corporation(hereinafter"Consult nt")and Eagle County, Colorado, a body corporate and politic(hereinafter"County"). RECITALS WHEREAS, County desires to design a boat launch and site improvements(the"Project")at its"Duck Pond"Open Space Parcel located along the Eagle River between Dotsero and Gypsum,Colorado(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 all services described in Exhibit A("Services")which is attached hereto and incorporated herein by reference. That fact that Consultant has identified certain subconsultants or a general"design team"in Exhibit A shall not relieve Consultant of the sole obligation under this Agreement to ensure all Services are completed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services, Items 1 -22 no later than August 8,2014 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. 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 Project Management Department's designee, Project Manager shall be Consultant's contact with respect to this Agreement and performance of the Services. The Eagle County Project Manager shall be authorized to sign change orders increasing the scope of work and associated compensation within the budget constraints set for the Project. Change orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. 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 end of Construction completion anticipated by the end of 2014. 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. Compensation for Services provided under this Agreement shall not exceed Forty Two Thousand Six Hundred Ninety Four Dollars, ($42,694.00). 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. 2 Eagle County Prof Services Final 1/14 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. 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. Other than as specifically identified in Exhibit A,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. 3 Eagle County Prof Services Final 1/14 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$1,000,000 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. 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. 4 Eagle County Prof Services Final 1/14 ♦ I 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. 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. 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). Electronic drawing design files shall be provided in their original file format. 5 Eagle County Prof Services Final 1/14 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 Project Management Department Attention: Rick Ullom,Construction Manager 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-8780 Facsimile: 970-328-3539 E-Mail: rick.ullom @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: High Country Engineering, Inc. Roger D.Neal, P.E., Principal 1517 Blake Avenue, Suite 101 Glenwood Springs,CO 81601 Telephone: 970-945-8676 Facsimile: 970-945-2555 E-Mail: rneal @hceng.com 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 6 Eagle County Prof Services Final 1/14 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. 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 7 Eagle County Prof Services Final 1/14 lil 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. 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. 8 Eagle County Prof Services Final 1/14 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 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). 9 Eagle County Prof Services Final 1/14 • • 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] 10 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 BOARD OF COUNTY COMMISSIONERS BY: _ AILi Ji an H. Ryan, Chai an Attest: , %• By: �, . .0., .L: t Teak J. Simonton, lerk to the Board " O° !4'. to CONSULTANT: ..........„....,,‹ By: „....772 Print Name: R of e.,)--- Pe..' Title: Pr, A _I 11 Eagle County Prof Services Final 1/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 12 Eagle County Prof Services Final 1/14 Project Narrative The anticipated scope of services to be provided will include the following: 1. Pre-design Meeting A pre-design meeting will be held at the Eagle County shortly after the Notice-to-Proceed has been issued. The meeting will include County staff members and representatives of our design team. At the meeting, information will be exchanged, design criteria will be agreed upon, and the project objectives will be established. HCE will present a project schedule with intermediate milestones, submittal dates, and progress meeting dates. 2. Field Surveying High Country Engineering, Inc. (HCE)will utilize survey control monuments and right-of-way points to establish a horizontal and vertical control network for the project. HCE will collect topographic mapping data of all existing features within the project limits. The limits of the topographic survey will be coordinated with the Eagle County to ensure that all relevant features are included. The elevations of the mapped features will also be collected to prepare a three-dimensional surface of the site. Some of the existing features to be mapped will include: river banks, curb, gutter, sidewalks, ramps, and driveways, cross pans, roadways, driveways, utilities, trees, shrubs, mail boxes, fences, pipes, drainage facilities, structures, and property corners. 3. Utility Locating Underground Utility Locating Consultants, LLC, will mark buried utilities within and adjacent to the project site limits. These markings will be surveyed by High Country Engineering, Inc. (HCE), during the topographic surveying of the site. The positions of the marked utilities will be utilized during subsequent design to establish the needed utility connections. 4. Wetlands and Ordinary High Water Line Delineation and Permitting Beach Environmental will perform a site investigation and mark the wetlands limits and the ordinary high water line along the bank of the Eagle River at the proposed boat ramp. These markings will be surveyed by High Country Engineering, Inc. (HCE), during the topographic surveying of the site. Beach will submit the findings to the US Army Corp of Engineers (USACE) Environmental Analysis Section. He will work with the USACE to obtain the final permits, clearances, or letters of approval as necessary. Beach will also be responsible for the permitting under Section 404 of the Clean Water Act. It is anticipated that Nationwide permitting will be allowed for the construction of the proposed boat ramp. 5 Existing Conditions Mapping High Country Engineering, Inc. (HCE) will compile the right-of-way, easement, surface utilities and topographic survey data on a single base map. This base map will be prepared in AutoCAD and Adobe Acrobat formats and be distributed to the County for review, and will be used for subsequent design and permitting purposes. 6. Soils Analysis Hepworth—Pawlak GeoTech (HP Geotech) will perform an analysis of the on-site soils. Test holes will be drilled and soils samples will be collected for further testing. The collected soils samples will be evaluated to determine the engineering characteristics and properties. HP Geotech will prepare a professional report summarizing the soils test results and recommendations for construction of the proposed concrete boat ramp and the bearing capacity of soils supporting the foundation of the proposed precast vault toilet restroom. 7. Vehicle Traffic Analysis High Country Engineering, Inc. (HCE) will estimate the average daily trips of both boat ramp visitors and County maintenance personnel. A basic traffic study, summarizing the anticipated average daily traffic will be prepared for County use. 8. River Hydraulic Analysis High Country Engineering, Inc. (HCE) will prepare a hydraulic model of the Eagle River, based on the Federal Emergency Management Agency (FEMA) Flood Insurance Study. An analysis will be preformed to establish the 100-year floodway and floodplain limits at the site. According to the Eagle County Flood Insurance Study (FIS), the fringe width between the 100- year floodway and floodplain limits is approximately 50-feet at the site. FEMA allows improvements within the fringe, such as the proposed boat ramp, without the need for a federal floodway encroachment permit. Any work within the floodway would require either a no-rise certification, or a letter of map revision. 9. Vehicle Circulation Analysis High Country Engineering, Inc. (HCE) will perform an analysis of vehicle circulation within the site and the proposed entry road leading to U.S. Highway 6 & 24. The geometry of the proposed roadways will be checked to verity adequacy of turning movements of vehicles likely to be used by visitors, County maintenance vehicles, as well as emergency response vehicles. High Country Engineering, Inc. (HCE)will utilize AutoTurn©software to perform the needed vehicle circulation analysis. 10. Americans with Disabilities Act(ADA)Analysis High Country Engineering, Inc. (HCE) will perform an analysis of accessible parking spaces and routes meeting Americans with Disabilities Act (ADA) guidelines. Anticipated ADA destinations within the site include: Parking spaces, the rest room, the boat ramp and picnic areas. 11. Precast Vault Toilet Restroom Selection High Country Engineering, Inc. (HCE) will research and specify or more pre-manufactured precast vault toilet restrooms for installation at the site. Selection criteria will include: quality, durability, maintenance, appearance and cost. 12. Split Rail Fence Selection High Country Engineering, Inc. (HCE) will specify a split rail fence system for installation at the site. Selection criteria will include:quality, durability,maintenance, appearance and cost. 13. Traffic Signage Plan Preparation High Country Engineering, Inc. (HCE) will prepare a traffic signage plan for the site. Anticipated signage will include: traffic control signage, parking signage, ADA parking signage, and traffic management signage. 14. Traditional Boat Ramp-Bid Alternative The Design Team will design a traditional concrete boat ramp as a construction bid alternative. The ramp is to be situated at the existing river bank. It is anticipated that the width of the rap is to be approximately 16 feet wide. The approximate vertical drop is anticipated to be approximately 6 feet, and the approximate length is to be approximately 72 feet, to achieve a manageable 12:1 slope ratio. The soil bearing capacity will be determined by HP Geotech. The proposed concrete thickness and associated steel reinforcement will be designed by Oddo Engineering. Wetland disturbance permitting will be performed by Beach Environmental, LLC. It is anticipated that grading of the proposed ramp will be at or below the existing river bank terrain, to achieve a no-rise condition of the regulatory floodplain. Anticipated elements of the ramp design include: dimensions, thickness, materials, reinforcement, and sub-grade compaction. 15. Excavated Cove and Boat Ramp-Bid Alternative The Design Team will design an excavated cove with a traditional concrete boat ramp as a construction bid alternative. The proposed cove is to be excavated from the existing river bank to, and is to be crescent shaped. The excavated cove bid option is intended to provide a zone of relatively still water for boaters entering and exiting the river. The excavated cove bid option will also provide opportunities for a swim beach and increased length of shore line for wildlife habitat. The anticipated dimensions of the excavated crescent cove are to be 20 feet in width and 100 feet in length. Wetland disturbance permitting will be performed by Beach Environmental, LLC. This bid option will also include a traditional boat ramp as described above. 16. Storm Water Management Plan (SWMP) High Country Engineering, Inc. (HCE) will prepare a State of Colorado Storm Water Management Plan (SWMP) for the site, because the anticipated area of disturbance is to exceed 1-acre. Anticipated elements of the SWMP include erosion control measures, sediment control measures, and Best Management Practices mitigation strategies. 17. Drainage Improvements Design High Country Engineering, Inc. (HCE) will perform a storm drainage analysis of the site, and design appropriate storm drainage improvements, in conformance with applicable County standards. It is anticipated that the site will remain relatively impervious, which should reduce storm water runoff and should allow precipitation to percolate into the native soils. Particular attention however will be paid to the grading and drainage of the pollutant prone areas of the site, such as the proposed parking areas and the internal access roadways. In these areas, storm water runoff will be directed to vegetated swales to sequester any accumulated pollutants away from the Eagle River. 18. Conceptual Design The design team will prepare a set of conceptual plans for the project. The conceptual design will be performed in conformance with applicable County standards. The conceptual plans will be presented to the County for review and commentary. Any requested modifications will be incorporated into subsequent refinements. 19. Preliminary Design The design team will prepare a set of preliminary plans for the project. The plans will be presented to the County for review and commentary. Any requested modifications will be incorporated into subsequent refinements. 20. Final Design The design team will prepare a set of final plans for the project. The plans will be presented to the County for review and commentary. Any requested modifications will be incorporated into subsequent refinements. 21. Bid Document Preparation The design team will prepare a set of bid documents for the project. Anticipated documents include: construction plans, technical specification, bid tabulation, and special project conditions. 22. Bidding Assistance The design team will be available during the bidding phase of the project. Representatives will attend the pre-bid meeting,answer bidders questions, issue addendums, if necessary 23. Field Engineering High Country Engineering, Inc. (HCE) will provide additional survey control for construction layout. HCE will also observe the construction of the project. HCE will prepare daily reports, detailing progress and noting any observed deficiencies. The construction observation reports will be provided to the County for review. Revised Fee Summary • Eagle County Open Space • Duck Pond Boat Ramp Project . (Includes design of a traditional boat ramp bid option and excavated cove bid o. 'on) Task No. Task Description Firm Category Rate Amount Cost(S) 1 Utility Research UULC Locator 75.00 4 300.00 UULC Travel 75.00 3.5 262.50 UULC Paint(Can) 3.00 8 24.00 UULC Flags(Ea) 200.00 0.3 60.00 UULC Mileage(Mi) 160.00 0.565 90.40 UULC Contingency 1.00 63.1 63.10 Subtotal 800.00 2 Geotechnical Engineering HP Drilling 4 150 600.00 HP Mobilization(Mi) 60 4 240.00 HP Engineer 5 75 375.00 HP mileage(Mi) 60 0.7 42.00 HP Bit Teeth(Ea) 8 10 80.00 HP Gradation Test(Ea) 2 65 130.00 HP Moisture Density Test(Ea) 2 20 40.00 HP Swell Consol.Test(Ea) 1 73 73,00 HP Sieve Analysis Test(Ea) 2 40 80,00 HP Drafter 2 75 150.00 HP Ward Processor 2 55 110.00 HP Sr.Project Engineer 4 150 600.00 HP Principal Engineer 1 180 180.00 Subtotal 2700.00 3 Surveying and Mapping HCE Project Surveyor 115.00 2 230.00 HCE 2-Man Crew 140.00 24 3360.00 HCE Survey Technician 90.00 6 540.00 Subtotal 4130.00 4 Environmental Permitting Beach Principal 42.00 145 6090.00 Beach Environmental Technical 35 95 3325.00 Beach mileage(Mi) 224.00 Beach Materials 75.00 Beach Supplies 50.00 Subtotal 9764.00 5 Conceptual Design-30%Stage HCE Project Manager 8 115 920.00 HCE Project Engineer 55 100 5500.00 Oddo Senior Engineer 3 125 375.00 Oddo Project Engineer 2 95 190.00 Subtotal 6985.00 6 Preliminary Design-60%Stage HCE Project Manager 10 115 1150.00 HCE Project Engineer 60 100 6000.00 Subtotal 7150.00 8 Const./Bid Doc.Prep.-100%Stage HCE Project Manager 8 115 920.00 HCE Project Engineer 8 100 800.00 Oddo Senior Engineer 2 125 250.00 Oddo Project Engineer 1 95 95.00 Subtotal 2065.00 9 Bidding Assistance HCE Project Manager 16 115 1840.00 Subtotal 1840.00 10 Field Engineering HCE 2-Man Survey Crew 8 140 1120.00 HCE Project Manager 40 115 4600.00 Oddo Project Engineer 4 95 380.00 Beach Principal 8 145 1160.00 Subtotal 7260.00 Total 42694.00 EXHIBIT B Insurance Certificate 13 Eagle County Prof Services Final 1/14 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/13/2014 PRODUCER Pinnacol Assurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Denver,CO 80230-7006 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Pinnacol Assurance 41190 High Country Engineering Inc INSURER B: 1517 Blake Ave#101 Glenwood Springs,CO 81601 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT 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 ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/Y YY) DATE(MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE _ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS MADE E OCCUR PREMISES MED EXP(Any one person) PERSONAL&ADV INJURY — GEN'L AGGREGATE LIMIT APPLIERS PER: GENERAL AGGREGATE POLICY l l PROJECT LOC PRODUCTS-COMP/OPAGG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea Accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE IOCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND X WC STATU- OTHER A EMPLOYER'S LIABILITY TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE 3111352 01/01/2014 01/01/2015 OFFICER/MEMBER EXCLUDED? Et EACH ACCIDENT $1,000,000 E.L DISEASE-EA EMPLOYEE $1,000,000 If yes,please describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Eagle County Duck Pond Boat Ramp Project CERTIFICATE HOLDER CANCELLATION 1529931 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Rick Ullom THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Eagle County Project Management Dept MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Post Office Box 850 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Eagle,CO 81631 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Cindy Velasquez ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 CERTIFICATE HOLDER COPY Rick Ullom Eagle County Project Management Dept Post Office Box 850 Eagle, CO 81631 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). • DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. OP ID:SC 4WR°T CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/19/14 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 970-945-9111 NAME:CT Shanti Cartmell,CIC Neil-Garing Agency,Inc. 970-945-2350 PHONE 970-945-9111 FAx PO Box 1576 (A/C,No,EA: (A/C,No): 970-945-2350 Glenwood Springs,CO 81602 ADDRESS:scartmell @neil-garing.com Jim Nadon,CIC PRODUCER CUSTOMER ID#:HIGHC-2 INSURER(S)AFFORDING COVERAGE NAIC# INSURED High Country Engineering,Inc INSURER A:Travelers 25682 1517 Blake Avenue,Ste 101 INSURER B: Glenwood Springs,CO 81601 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1 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 ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 680206M7270 10/06/13 10/06/14 DAMAGE TO 1, PREMISES(Ea RENTED 1,000,000 occurrence) $ + CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT LOC $ AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT A X ANY AUTO BA207M4470 10/06/13 10/06/14 (Ea accident) $ 1,000,000 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ x UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 A CUP208M0138 10/06/13 10/06/14 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NONE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab 106069466 03/26/14 03/26/15 Per Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Certificate holder is included as Additional Insured with regard to General Liability(CGF381)and ongoing operations&Business Auto(CAT7420)as required by contract. General Liability&Business Auto include Blanket Waivers of Subrogation. CERTIFICATE HOLDER CANCELLATION EAGLEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Project Management Dept ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 Eagle,CO 81631 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights.reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD