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HomeMy WebLinkAboutC15-390 Loris and Associates, Inc. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND LORIS and ASSOCIATES, INC. THIS AGREEMENT ("Agreement") is effective as of the 114'1' day of be-�1Q¢r, 2015 by and between Loris and Associates, Inc. a Colorado corporation (hereinafter"Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS, Eagle County desires to retain Consultant to evaluate, survey, design and prepare necessary engineering and permitting materials for the construction of portions of the Eagle Valley Trail (the "Project") in the unincorporated community of Eagle Vail through to Dowd Junction (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. The Services relate to the Project and Property depicted in Exhibit D. a. Consultant agrees to furnish the Services 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. County's Request for Qualifications and Request for Proposals (but not Consultant's response(s) thereto) are incorporated herein by reference thereto. c. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A, the County's Request for Qualifications or Request for Proposals and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. Lii 39 d. 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. 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 30th of June, 2016. 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 and at the rates set forth in Exhibit B. The performance of the Services under this Agreement shall not exceed one hundred sixty- three thousand two hundred fifty-five dollars ($163,255.00). 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 Exhibits A and 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 Exhibits A and 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. it it 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. County acknowledges that Alta Planning+Design, Inc., DHM Design Corporation, Marcin Engineering LLC, RiverRestoration.org, LLC, and CTL Thompson Structural Engineers, Inc. may be sub-consultants to Consultant and may perform portions of the Services at the rates set forth in Exhibit B. 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 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 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 for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, this Agreement and/or are based upon the errors and omissions of 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 or liability. 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). Consultant shall provide electronic copies of all survey, engineering and other technical information in the original computer aided drawing format as well as in PDF format. 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 Department 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 81637 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: Loris and Associates, Inc. 818 W. South Boulder Road, Suite 20 Louisville, CO 80027 Telephone: 303-444-2073 Facsimile: 303-444-0611 E-Mail: plorisand associates.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,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 those performed by its sub-consultants and 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 BOARD OF COUNTY COMMISS iNER ? s Kathy 1 andler-Henry, Chair • Attes • w • By: °• • �r��"— —IlikAt'; eak J. Simonton, Clerk to the Bo. . CONSULTANT: LORIS and ASSOCIATES, INC. By: ' / Print Name: Per J. L0 is Title: / e s i z.e.#JT STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this 23 day of September, 2015, by Pe re a. J. Lo►zi s as Pe as i D a or of Loris and Associates, Inc. Witness my hand and official seal. [seal] SANDRA L T S EWAAT Notary Public c a;Gtlztix) tt,Z e State of Colorado Notary ID 20054010978 Notary Public My Commission Expires Mar 11,2017 My commission expires: 031 ` a-o t9 EXHIBIT A pg 1 SCOPE OF SERVICES WITH SCHEDULE AND FEES ALL TASKS IN THIS EXHIBIT A ARE INCLUDED IN THE TOTAL COST OF SERVICES. TASKS/DELIVERABLES— EAGLE VAIL TO DOWD JUNCTION—MINTURN TOWN BOUNDARY Tier 1 Task Summary Cost Proposal Schedule ECO Trails meetings/discussion (estimate 40 hours) Commence Sept. 2015 Includes kick-off,field and In-office meetings through Tier 1 tasks $5,000.00 Complete remaining NEPA studies per CDOT processes Complete by for Tier I sections. Utilize and update existing studies Jan. 30, 2016 prepared to date. Prepare and submit all required studies to CDOT with preliminary construction plans. $37,000.00 Trail Design East and West end Eagle Vail Business Center Complete draft EOPC by Approximately 1,000 linear feet of work 1.$17,673.00/148 hrs Feb.28,2016 1. Analysis of issues 2.$13,000.00/108 hrs 2. Survey of 50 foot wide project area 3.$6,500,00/30 hrs 3. Geotechnical study Complete Preliminary 4. Retaining wall and railing design or alternative Design and submit to CDOT design, east and west end March 30,2016 5. Utility review 6. Evaluate hydrologic and drainage conditions and any 6. $4,000.00/22 hrs potential impacts on trail or river; provide report or design information as needed. 7. Consideration of NEPA study findings in design (e.g. wildlife, wetlands) 8. Floodplain permit submittal, as needed 9. Preliminary Design Plan Set and related information 9. $26,926.00 in accordance with CDOT Project Development Manual process for Preliminary Plans(CDOT FIR set) including plan set required content and formatting 10. CDOT/FHWA meetings (estimate 10 hours) 11. CDOT Special Use Permit Submittal and follow-up 11.$2,000.00 12. Draft Engineer's Opinion of Probable Cost including plan quantities, unit cost and totals. All tasks in this section included in services total. EXHIBIT A pg. 2 Trail Design for the Dowd Junction 1,400+/- foot long section located on USFS and CDOT/FHWA property. Complete draft EOPC by 1. Analysis of issues 1.$8,833.00/74 hrs Feb.28,2016 2. Survey of 50 foot wide project area , 2.$5,000.00/21 hrs 3. Geotechnical study 3. $3,000.00/25 hrs Complete Preliminary 4. Retaining wall and railing design 4. $500/4 hrs Design and submit to CDOT 5. Utility review by Mar. 30, 2016 6. Evaluate hydrologic and drainage conditions and any 6.$3,000.00/20 hrs potential impacts on trail or river; provide report or USFS concept submittals by design information as needed. Jan. 5, 2015, permit 7. Consideration of NEPA study findings in design (e.g. submittals tbd. wildlife, wetlands) 8. Floodplain permit submittal, as needed 9. USACE permits,as needed 10. Possible USFS meetings (estimate 5 hours) 11. Submittal to USFS for right of way processing 12. Preparation of legal description for USFS ROW grant 13. Preliminary Design Plan Set and related information 13. $13,463.00 in accordance with CDOT Project Development Manual process for Preliminary Plans(CDOT FIR set) including plan set required content and formatting 14. CDOT/FHWA meetings(estimate 10 hours) 15. CDOT Special Use Permit Submittal and follow-up 15. $1,000.00 16. Draft Engineer's Opinion of Probable Cost including All tasks in this section plan quantities, unit cost and totals. included in services total below. Prepare concept design of Business Center "preferred Complete Concept Design route" with GIS topographical, parcel, floodplain, Map by Dec. 1, 2015 pending ability to survey/enter private property. Concept design includes location of proposed trail relative to buildings and other improvements, river All tasks in this section setback, general identification of areas where retaining included in services walls or structures may be required, location of total. privacy/security fence on south edge of trail route. Trail corridor width this area will be determined by design recommendations. Prepare additional detailed exhibits,survey, engineering As requested studies as needed for property owner negotiations through Business Center, including but not limited to cross sections,development and trail interface concept illustrations,easement exhibits,field staking, detailed review of amenities requested by owners(e.g.fencing, lighting,steps, etc.),tree removal plan, legal descriptions and exhibits for private land easements. Work may also include meetings with property owners to review materials and information generated. $10,000.00 Total Cost of Services $163,255.00 EXHIBIT B pg. 1 Statement of Qualifications k L 0 11 I S Eagle Valley Trail System Completion Project SECTION 4 BUDGET/PRICING .i ''' The billing rates for the LORIS team follow: � ISS SILLI GRATES 20'!S �` i A ')' G+OES 20 `` �,7�; -- _ LABOR TES GElYERAL ` 4" • , r� �: CATEGORY S1FICA 1ON .. ._=f.. Peter Loris,PE En Labor Category 1 $290 Senior Principal Labor Category 2 $190 Principal - l Labor Category 3 ' $175 Principal,Senior Associate Associate/Project Scott Be'.onger,PE $150 Labor Category 4 $163 Principal,Senior Associate Manager _ 9 Dan Seltzer,PE $145 Labor Category 5 $158 Principal,Senior Associate m = Labor Category 6 $153 Principal,Senior Associate, Senior Project Eng'neer Kevin Dooley,P.E. Associate Labor Category 7 $145 Senior Associate,Associate Driss Majdoub,P.£. Egg Labor Category 8 $140 Senior Associate,Associate Neal Dawes,P.E $120 Labor Category 9 $133 Senior Associate,Associate Project Engineer l+ . . _ $110 Labor Category 10 $128 Associate,Senior EngJPlannerl $110 .Desbaner/Graphics i $80 Labor Category 11 $123 Associate,Senior Eng./Planner/° � D rap% M 590 $115 Labor Category 12 Senior Planner/Designer/ Jack Boyers $90 Engineer/Graphics Sr.Designer Leng Xiang $90 Labor Category 13 5108 Senior Planner/Designer/ Elmer/Graphics Designer $80 Labor Cal 14 $98 Plarmer/Designer/Engineed T e9orY Graphics Senior+Level 1 $70 Labor Category 15 $90 Planner/Designer/Engineer/ Graphics Senior+Level I Labor Category 16 583 Planner/Designer/Engineer/ yt. REt BURSABLE I COST, 572 Planner/Designer/E liineer/ �f EXPENSES Labor Calegory 17 j .:._ Graphics Level I+Level fl Mieage Labor Category 18 $60 Administration $0.50/8%x 11 Labor Category 19 $50 Intern Color Copes $1.00/11 x 17 —� $0.1018'%x11 ' BIW Copies Mleage IRS Standard Rate 50.20/11 x 17 $0.25—bond Color Copies $0.50/page Plots for Submittals(per sq ft) $5.50—bond color B 8 W copies $0.10/page 53.50—m r 24'x36'large format 515.00/sheet 36'x48'large format $30.00/sheet Page 112 EXHIBIT B pg. 2 L O II I S Statement of Qualifications - \J Eagle Valley Trail System Completion Project i, rn • OHM DESIGN 2015 BILLING RATES ' [ 7TRATIONORG 2015 BILLING RATES EMPLOYEE CLASSIFICATION P-0,0°`„ 'HOURLY RATES:1 EMPLOYEE POSfftON i .,- _I YOt LY RATES Principal $160 $160,00 Principal Ecologist $140 - $133.50 Associate Principal $130 $98.00 Senior Associate $120 Drafting Designer $98.00 Associate $110 HydraulicScientist/PhD $12000 Senior Designer/Planner $100 =====1111 $105.50 Designer $85 Landscape Designer $105.50 Graphic Designer $85 $98.00 Ecological Technician $85 $77.50 ClericaUWord Processing 560 Administration Staff $77,50 AN Refm'busable a ensl p es'such a 9; o�pYf Hydrographk Survey+Instruments $188.00 v"K'•- nd • e ii d a[ire- ct Xerox copes 50.12 per copy $105.50 Color Copies $1,50 per copy $105.50 In-House made Mylar 53.50 per sq.ft. $44.50 In-House made Vellum $2.30 per sq.ft. •= $0,54 In-House made Bond $0.45 per sq.ft. Color computer plots $2.80 per sq.ft. CTLfThompson •15B0.x'" Mileage $0,555 per m3e . , �'",HOIHiLY I- �' I RTES um= ___ _ _s — — .- mcim=3".....-E.-- ° ARC if ENGINEER! G ■15 BI Y G'_ - •- i ., 0`4 C tfa>` CA""'e'"' ,t1 r Engineering Technician III/CAD/Draft person $60 x�$210 El====11111111111111111111 1311=131= 1111:211111 Project Engineer/Surveyor $120 $70 Design Engineer . . EMMMTZ=IIIIIIIIIIIIIIIICIIIIII 11:1=21:1 $90 .- $100 Office Technician 111121111 - . ,- I 1=1: 1111113311111 1:::1111111111111111. $130 $240 - $160 $220 Quote Page 113 1 unarm*: iuortiu EXHIBIT C pg. 1 LIJKWAJ, ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/18/2015 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 USI Colorado, LLC Prof Liab PHONE FAX P.O.Box 7050 (A/C, Ext):800 873-8500 (A/C,No): IL Englewood,CO 80155 ADDRESS: E En 873-$500 INSURER(S)AFFORDING COVERAGE - NAIC# 800 INSURER A:Hartford Casualty Ins.Co 29424 INSURED INSURER B: Loris and Associates, Inc. INSURER C: 818 W.South Boulder Road,Suite 200 Louisville,CO 80027 INSURER D: INSURER E: INSURER F: 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X X 34SBWPG3037 03/01/2015 03/01/2016 EACH OCCURRENCE $1,000,000 _ DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X PRO LOC $ JECT A AUTOMOBILE LIABILITY X X 34UEGAK4225 03/01/2015 03/01/2016 FeaMactilclEeDnt INGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) X Drive Oth Car $ A X UMBRELLA LIAB X OCCUR X X 34SBWPG3037 03/01/2015 03/01/2016 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE 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 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE: Eagle Valley Trail-Eagle Vail to Dowd Junction. Additional Insured's: Eagle County,its associated or affiliated entities, its successors and assigns, elected officials,employees,agents and volunteers. As required by written contract or written agreement,the following provisions apply subject to the policy (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Eagle County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Ellie Caryl, ECO Trails ACCORDANCE WITH THE POLICY PROVISIONS. 3289 Cooley Mesa Road Post Office Box 1070 AUTHORIZED REPRESENTATIVE Gypsum,CO 81637 I �Ce.1.S1��4J C�i ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 Of 2 The ACORD name and logo are registered marks of ACORD EXHIBIT C pg. 2 DESCRIPTIONS (Continued from Page 1 j terms,conditions, limitations and exclusions:The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella/Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. The General Liability,Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis.A Blanket Waiver of Subrogation applies for General Liability,Automobile Liability and Umbrella/Excess Liability.The Umbrella/Excess Liability policy provides excess coverage over the General Liability,Automobile Liability and Employers Liability. SAGITTA 25.3(2010/05) 2 of 2 4iC1 R77A1 Q0/RA1 SCR-177Q EXHIBIT C pg. 3 ACORD CERTIFICATE OF LIABILITY INSURANCE 9/18/2015 Dom) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Michael J Hall&Company (a/CC.NNo.Ext1:360-598-3700 is,No): 19660 10th Ave NE E-MAIL Poulsbo WA 98370 ADDRESS:CertificatesQhailandcompany.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Atlantic Speciality Insurance Compa 27154 INSURED LORIAND-01 INSURER B: Loris and Associates Inc INSURER C: 818 W South Boulder RD Suite 200 INSURER D Louisville CO 80027 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1450937215 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —1 POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab:Claims Made DPL418615 3/1/2015 3/1/2016 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Eagle Valley Trail—Eagle Vail to Down Junction CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ellie Caryl, ECO Trails 3289 Cooley Mesa Road AUTHORIZED REPRESENTATIVE Gypsum CO 81637 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD EXHIBIT C pg. 4 AD® CERTIFICATE OF LIABILITY INSURANCE I DATE 9/18/)/YYYY) 09/18/15 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 Aon Risk Services,Inc of Florida NAME: Aon Risk Services,Inc of Florida 1001 Mickel)Bay Drive,Suite#1100 PHONE FAX Miami,FL 331314937 (A/C,No,Ext):800-743-8130 (A/C,No):800-522-7514 EMAIL ADDRESS: ADP.COLCenter @Aon.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: New Hampshire Ins Co 23841 INSURED ADP TotalSource CO XXI,Inc. INSURER B 10200 Sunset Drive INSURER C: Miami,FL 33173 ALTERNATE EMPLOYER INSURER D: Loris And Associates Inc 818 W South Boulder Rd Unit 200 INSURER E Louisville,CO 80027 INSURER F: COVERAGES CERTIFICATE NUMBER: 1188778 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. LIMITS SHOWN ARE AS REQUESTED. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY I I PROJECT I LOC PRODUCTS-COMP/OP AGG $ — OTHER $ AUTOMOBILE COMBINED SINGLE LIMIT UTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS _AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS _AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC I I RETENTION$ WORKERS COMPENSATION �( PER OTH- A AND EMPLOYERS'LIABILITY Y I N WC 034123288 CO 07/01/15 07/01/16 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A X E.L.EACH ACCIDENT $ 2,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) At worksite employees working for LORIS AND ASSOCIATES INC,paid under ADP TOTALSOURCE,INC.'s payroll,are covered under the above stated policy. LORIS AND ASSOCIATES INC is an alternate employer under this policy. See attached Certificate Holder Cancellation Notice. WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER AS RESPECTS OF JOB PERFORMED BY LORIS AND ASSOCIATES INC AS REQUIRED BY WRITTEN CONTRACT. Re Project:ogle Valley Trail-Eagle Vail to Dowd Junction CERTIFICATE HOLDER CANCELLATION Eagle County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3289 Cooley Mesa Road-P.O.Box 1070 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Gypsum,CO 81637 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J ,-Y 040/2 19K 5etvzc ,r QILC O f fireii[da ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD = rk •a.� t� t° -� p e'''-'"!'-';'1"' a a "k?z ,' ^'‘. . ..� ` - �{,£ sR kte,..:uJ ��' +`"`� $ �� t ry �F� � x E'; }}it 4'.*" � .. r� :', � j f . J msµ � �- 'f t,'-7I''''1"," i k / q ah 2y r ` � w r T Y - _ y :st:,,,,,..... kg ,-` ° ; �441-rft,,., -,,.,,,/), .,..k, ;4',.'-:-: .Z a �:5 LL„ '�i 4 L y �it:, � �� ` fi' „".* # 3 -` `l:F l�# - x ; vh t •CCI I. 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