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Home My WebLink AboutC15-108 Alta Planning + Design, Inc. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND ALTA PLANNING+DESIGN, INC. THIS AGREEMENT("Agreement") is effective as of the 1 U(' ` day of far h ,2015 by and between Alta Planning+Design, Inc.,a California corporation(hereinafter"Consultant"or"Contractor")and Eagle County, Colorado, a body corporate and politic(hereinafter"County"). RECITALS WHEREAS, County desires to explore the potential for a cycle track (the"Project") on a one(1)mile section of US Highway 6 through the unincorporated community of Eagle Vail in Eagle County, 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 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 15, 2015 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 ECO Trails Department's designee shall be Consultant's contact with respect to this Agreement and performance of the Services. It-lbS 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 1St of June, 2015. 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$6,000.00. 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 B. 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 B 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. 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. 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 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 C. 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. 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 to which County may become subject to the extent any such losses, claims, damages or liabilities are caused by any negligent 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 sub consultant 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 Attention: Ellie Caryl, ECO Trails Manager 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 81631 Telephone: 970-328-3523 Facsimile: 970-328-3539 E-Mail: ellie.caryl @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: Alta Planning+Design, Inc. Attention: Joshua Mehlem,Denver Office Manager 1836 Blake Street, Suite 200 Denver, CO 80202 Telephone: 720-524-7831 E-Mail: ioshmehlem @altaplanning.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 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 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 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. As used in this Section 16,the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual 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 undocumented individual 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 undocumented individual 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 undocumented individual, 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 undocumented individual; 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 undocumented individual; 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 undocumented individual. 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] 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: .4 Brent cFall, ounty Manager CONSULTANT: ALTA PLANNING+DESIGN,N _— Print Name: p t vt Title: P r\vl EXHIBIT A SCOPE OF SERVICES, SCHEDULE,FEES Scope of Services: 1. Consultant to develop and complete a"Feasibility Study"that outlines the potential for the two-way cycle track on the Highway 6 paved platform, including the following analysis at minimum: a. What effect do the driveways have on the safety and functionality of the cycle track? b. How can the safety and function issues be mitigated? c. Are there samples of successful two-way cycle tracks in area with high driveway frequency? d. Is signalization required for the most successful cycle track? e. If a two-way cycle track can be recommended as a safe and functional facility in the study area, how would Consultant recommend implementation proceed to ensure safe introduction to highway and cycle-track users and control conflicts to highest extent possible?E.g.,how would a cycle track be signed and marked and who would have the right of way at intersection? f. How would a two-way cycle track accommodate pedestrians in its geometry? Sidewalks in this area are disconnected and incomplete. The road shoulder offers a more consistent walking platform,though#of pedestrians in this area is low(currently).How pedestrians are typically directed for crossing two-way cycle track? g. How would the cycle track function in conjunction with bus turning movements at the two bus stops? Should bus stops be reconfigured? h. If the cycle track concept is found to be feasible, what is the cost to implement the recommended cycle track design? 2. A minimum of the following site visit(s)and meetings are included in the scope of work: a. An initial site visit and meeting with ECO Trails is required. b. One meeting with local CDOT staff is required prior to final report,if preliminary findings are that a two-way cycle track in the study location is feasible and CDOT's input becomes essential. c. Additional work may be requested to meet with business district property owners,business owners,the governing metropolitan district board of Eagle Vail and their staff, CDOT staff and Eagle County. Design services that are typical to construction implementation are not requested at this time. 3. As part of the feasibility report preparation and text, Consultant will comparatively review and provide citation as needed of the federal and state guidance, specifications and laws that address bike lanes and two-way cycle tracks,including,but not limited to,the AASHTO Guide for the Development of Bicycles Facilities, CDOT Roadway Design Guide Chapter 14, AASHTO Policy on Geometric Design of Highways and Streets,NACTO Urban Design Guide,FHWA MUTCD AASHTO Roadside Design Guide,Americans with Disabilities Act Accessibility Guidelines(ADAAG), and other relevant specifications and studies that may apply. 4. Consultant will also review the Eagle Vail Business Center Master Plan, found at http://www.eaglecounty.us/Planning/Documents/CommunityPlans/EagleVailBusinessMaster 5. Consultant to include illustrations,photos or graphics as part of the report as needed. 6. The report will include a Conclusions Summary that advises ECO Trails on feasibility of a two-way cycle track at this location,with focus on the safety and function issues. 7. Consultant requested to provide a draft report, followed by final report, allowing ECO Trails and other involved parties to review and request clarification prior to development of a final report. The scope of work will not be altered by ECO trails to include additional work in this step, and if the scope is amended, additional fees may apply. 8. The report will be limited to 12 pages or less including exhibits and citations to allow for concise explanation of findings to a diverse audience(e.g. citizen committee,County Commissioners, Metro District,business district association). 9. The report will be provided in Word and PDF formats or as otherwise agreed to by ECO Trails and Consultant. Schedule: March 27, 2015: Draft Feasibility Study due April 15, 2015: Final Feasibility Study due Cost of Services: 1. The budget for this Feasibility Report project is limited to$6,000.00. 2. Cost of project includes all services and products described herein. 3. Professional Fees are attached as Exhibit B. EXHIBIT B c & a Alta Planning Design Design Billin Rates Billing PLANNING+DESIGN 2015 Labor Category Rate General Classifications Labor Category 1 $290 Senior Principal Labor Category 2 $190 Principal Labor Category 3 $175 Principal,Senior Associate Labor Category 4 $163 Principal,Senior Associate Labor Category 5 $158 Principal,Senior Associate Labor Category 6 $153 Principal,Senior Associate,Associate Labor Category 7 $145 Senior Associate,Associate Labor Category 8 $140 Senior Associate,Associate Labor Category 9 $133 Senior Associate,Associate Labor Category 10 $128 Associate,Senior Engineer/Planner/Designer/Graphics Labor Category 11 $123 Associate,Senior Engineer/Planner/Designer/Graphics Labor Category 12 $115 Senior Planner/Designer/Engineer/Graphics Labor Category 13 $108 Senior Planner/Designer/Engineer/Graphics Labor Category 14 $98 Planner/Designer/Engineer/Graphics Senior+Level I Labor Category 15 $90 Planner/Designer/Engineer/Graphics Senior+Level I Labor Category 16 $83 Planner/Designer/Engineer/Graphics Level I+Level II Labor Category 17 $72 Planner/Designer/Engineer/Graphics Level I+Level II Labor Category 18 $60 Administration Labor Category 19 $50 Intern The charges per hour shown are effective through December 31,2015 and subject to revision annually thereafter. Subconsultants and reimbursable expenses will be charged at cost+10%markup. Mileage will be charged at the IRS standard rate. In-house reproductions will be charged as follows: Color copies $0.50/page Black and white copies $0.10/page 24"x 36"large format $15.00/sheet 36"x48"large format $30.00/sheet EXHIBIT C Client#:835015 ALTAPLAN ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/11/2015 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 Karen Barry USI Northwest PHONE 503 224-8390 (AJC 610 362-8130 (A/C,No,Ext): (A/C,No): 700 NE Multnomah,Suite 1300 E-MAIL karen.bar usi.biz Portland,OR 97232 ADDRESS: ren.barry@usi.biz AFFORDING COVERAGE NAIC# 503 224-8390 INSURERA:Charter Oak Fire Insurance Co 25615 INSURED INSURER B:Travelers Property Casualty Ins 36161 Alta Planning+Design,Inc. INSURER Travelers Indemnity Company 25658 711 SE Grand Avenue suRERC: ty p y INSURER D:SAIF Corporation 36196 Portland,OR 97214 INSURER E Zurich American Insurance Co 16535 INSURER F:Continental Casualty Company 20443 COVERAGES CERTIFICATE NUMBER: 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY 6808B259484 06/01/2014 06/01/201 EACH OCCURRENCE $2,000,000 B X COMMERCIAL GENERAL LIABILITY 6808B259331 06/01/2014 06/01/2015 PREnAnlsis Eaoau.ri ce) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $1 0,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 _ POLICY X JECT LOC B AUTOMOBILE LIABILITY BA7A574417 07/01/2014 07/01/2015(EOaBINdEDtSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ C X UMBRELLA LIAB X OCCUR CUP8B259933 06/01/201406/01/201 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000}000 DED X RETENTION$O $ D WORKERS COMPENSATION 771940 09/01/2014 09/01/201 X WC STATU- 0TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE 8997892 09/01/2014 09/01/2015 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) WA Stop Gap-EL included E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below OH Stop Gap-EL included E.L.DISEASE-POLICY LIMIT $1,000,000 F Professional MCH114135257 07/01/2014 07/01/2015 $3,000,000 Per Claim Liability $4,000,000 Aggregate , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Eagle Valley Cycletrack Feasibility Study. Eagle County,its associated or affiliated entities, its successors and assigns,elected officials, employees,agents and volunteers are included as Additional Insureds for General Liability and Auto Liability pursuant to written contract or agreement and to extent provided by attached endorsements CGD3810907 and CAT4200710.Coverage applies on a primary and non contributory basis and is primary to other (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Eagle County,Colorado SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Ellie Caryl ACCORDANCE WITH THE POLICY PROVISIONS. 3289 Cooley Mesa Road Post Office Box 1070 AUTHORIZED REPRESENTATIVE Gypsum,CO 81631 i � �Z�119810 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S14603182/M13157739 UKBZP DESCRIPTIONS (Continued from Page 1) insurance that is available to the Additional Insured as required by written contract or agreement.Should described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days advance written notice to the policyholder in accordance with the policy provisions SAGITTA 25.3(2010/05) 2 of 2 #S14603182/M13157739 POLICY NUMBER:680-8B259331. POLICY NUMBER:680-8B259484- COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance"to in- Other Insurance in COMMERCIAL GENERAL dude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily in- However,if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured,and we will not rented to you;or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs;and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance,whether primary,excess,contingent or The insurance provided to such additional insured on any other basis,that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services", payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work"performed by you,or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when,the"bodily CG D3 81 09 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sbnal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect;and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission Policy No. BA7A574417 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED UMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED UMIT -. A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of °°� The following is added to Paragraph A.1.,Who Is your business. An Insured, of SECTION II — UABILITY COV- 2. The following replaces Paragraph b. in B.S., ERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- Chow that person or organization, that is signed and age, the following are deemed to be coy- a executed by you before the "bodily injury" or ered"autos"you own: "property damage" occurs and that is in effect 1) Any "auto" mos during the policy period, to be named as an addi- ( y covered auto you lease, hire, tional insured is an "insured" for Liability Cover- rent or borrow;and M age, but only for damages to which this insurance (2) Any covered"auto"hired or rented by ang applies and only to the extent that person or or- your "employee" under a contract in ganization qualifies as an Insured" under the that individual "employee's" name, aims Who Is An Insured provision contained in Section with your permission, while perform- s II. ing duties related to the conduct of _- B. EMPLOYEE HIRED AUTO your business. aims 1. The following is added to Paragraph A.1., However, any"auto"that is leased, hired, Who Is An Insured, of SECTION II — LI- rented or bon-owed with a driver is not a ABIUTY COVERAGE: covered"auto". An "employee" of yours is an "insured" while 'MIEN C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1.,Who Is under a contract or agreement in that "em- An Insured, of SECTION II — UABIUTY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 0710 C 2010 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. wens COMMERCIAL AUTO Any"employee"of yours is an "insured"while us- (3) If a repair or replacement results in better ing a covered"auto"you don't own,hire or borrow than like kind or quality,we will not pay for the in your business or your personal affairs. amount of betterment. D. SUPPLEMENTARY PAYMENTS — INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2)of covered"auto". SECTION II—UABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2), Up to $3,000 for cost of bait bonds (in- (a) Any "auto" that is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver;or tions) required because of an "accident" w (b) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed from your"employee". these bonds. G. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4)of EXPENSES—INCREASED LIMIT SECTION II—UABIUTY COVERAGE: (4) All reasonable expenses incurred by the The following replaces the first sentence in Para- "insured" at our request, including actual graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- loss of earnings up to $500 a day be- AGE: cause of time off from work. E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- The following replaces Paragraph C.1. of SEC- curred by you because of the total theft of a cov- TION I'—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Tr}ailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT INCREASED UMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION Ill — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph A.4., Cover- deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to the following: The following is added to Paragraph A.4., Cover- (1) The we will pay for "loss" in any one age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- (b) The actual cash value of the damaged or pare)and other personal effects which are: stolen property as of the time of the (1) Owned by an"insured";and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total loss". Page 2 of$ 2010 The Travelers Indemnity Company.All rights reserved. CA T4 20 07 10 Includes copyrighted material or Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the'loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered"auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but sor, only: a. If that"auto" is a covered"auto"for Compre- (d) Costs for extended warranties,Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability Insurance purchased with the loan or b. The airbags are not covered under any war- lease;and ranty;and (e) Carry-over balances from previous loans c. The airbags were not intentionally inflated. or leases. We will pay up to a maximum of$1,000 for any M. BLANKET WAIVER OF SUBROGATION one loss". The following replaces Paragraph�aces ragraph A.6., Transfer L AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL 71ONS: DAMAGE COVERAGE: 6. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total loss"to a covered"auto"of against any person or organization to the ex- the private passenger type shown in the Schedule tent required of you by a written contract exe- or Declarations for which Physical Damage Cov- cuted prior to any "accident" or loss", pro- erage is provided, we will pay any unpaid amount vided that the"accident"or"loss"arises out of .MEE due on the lease or loan for such covered"auto" the operations contemplated by such con- less the following: tract.The waiver applies only to the person or == (1) The amount paid under the Physical Damage organization designated in such contract. Coverage Section of the policy for that"auto"; and MIN s;EM! oMNI waiNia MUM I eis L'- CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. cosies