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HomeMy WebLinkAboutC17-073 Charles Spanel Inc dba Intermountain EngineeringAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND CHARLES F. SPANEL, INC. DBA INTER -MOUNTAIN ENGINEI--RING, LTD. THIS AGREEMENT ("Agreement") is effective as of ` 03/07/2017 by and between Charles F. Spanel, Inc., a Colorado corporation d/b/a Inter -Mountain Engineering, Ltd. (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to hire Consultant to provide Engineering and Project Management services for the ECO Transit transfer station and bus stop (the "Project") located at 450 Miller Ranch Road, Edwards, 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: 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 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. C17-073 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 Transit 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 3151 day of December, 2017. 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 $15,000.00. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. C. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall z Intermountain Engineering — Freedom Park Sid and Project Management Contract 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). b. 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. 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, productslcompleted operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. 3 Intermountain Engineering — Freedom Park Sid and Project Management Contract 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. L The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant's certificates of insurance shall include sub -consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub -consultant. All coverage(s) for sub -consultants shall be subject to the same minimum requirements identified above. Consultant and sub -consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub -consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an "A.M. Best" rating of not less than A -VII. iv. Consultant's insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against Eagle County. V. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant's certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant's broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will 4 Intermountain Engineering — Freedom Park Bid and Project Management Contract 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. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub -consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). Consultant shall furnish to County, at a minimum, one set of CAD and PDF drawings for County review and ownership for the final construction drawings, all bid documents, and final as-builts. Any and all unauthorized reuse of Documents prepared by Consultant will be at the sole risk of the County and without liability to Consultant. S Intermountain Engineering — Freedom Park Bid and Project Management Contract 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: Jared Barnes 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 81637 Telephone: 970-328-3528 Facsimile: 970-328-3539 E -Mail: Jared.Barnes@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: Charles F. Spanel, Inc. d/b/a Inter -Mountain Engineering, Ltd. Attention: Jeffery Spanel 40801 U.S. Highway 6, Suite 203 PO Box 978 Avon, CO 81620 Telephone: 970-949-5072 Facsimile: 970-949-9339 E -Mail: jspanel@inter-mtn.net it. 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 6 Intermountain Enginecring — Freedom Park Bid and Project Management Contract 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 all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. C. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership, joint venture 7 Intermountain Enginecring — Freedom Park Bid and Project Management Contract 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. L 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. 5-17.5-101, et. seq. If Consultant has s Intermountain Engineering — Freedom Park Sid and Project Management Contract 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- ht!p://www.dhs.pv/xprevpMt/progfarms/ge-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. 5-17.5-102(5). 9 Intermountain Enginocring — Freedom Park Bid and Project Management Contract f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 10 Intermountain Engineering — Freedom Park Sid and Project Management Contract 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 Th -s r nT r II GER �GG/Gl�G ���GP�LG By: Bryan R. Treu, Interim County Manager CONSULTANT: CHARLES F. SPANEL, INC. DBA INTER -MOUNTAIN ENGINEERING, LTD. By: Print Name: Jeffery M. Spanel Title: Vice President 11 Intermountain Engineering — Freedom Park Sid and Project Management Contract EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Information Gathering: The following information will be needed in connection with our work: A. Final Geotechnical Engineering Report— ECO Transit provided the Subsurface Exploration Program, Pavement Design & Geotechnical Report; Freedom Park Improvements, prepared January 15, 2014 by Ground Engineering as Project No. 13-5028. The recommendations contained in this report will be the basis for Inter -Mountain's design. Our scope of services will be limited to the review and coordination of any questions related to the existing report & recommendations. Final Plan Submittal Documents - "On -Site": Final submittal documents will be prepared for the ECO Transit's Freedom Park Transfer Station Bus Stop Site Plan in general conformance with ECO Transit requirements: A. Final Construction Documents: These plans will show the final layout and grading detail necessary to transition existing asphalt grades to the proposed bus pullout, sidewalk and bus shelter as well the layout of proposed electric service to the bus shelter. Survey points for this site improvement will be included. Construction Documents will include an Existing Conditions Plan showing pre -construction conditions. B. Estimate: IME will prepare an engineer's opinion of cost based on the final construction documents. C. Project Manual: IME will prepare technical specifications and contract documents specific to this work. Technical specifications will be based upon ECO and Eagle County requirements. The bid tab will be based on the quantities of work identified in the Final Construction Documents. The Contract Sum will be based on unit prices for actual quantities of work installed. We will assemble, print & bind the Project Manual. D. Construction Administration: Inter -Mountain will provide the following services during construction: 1. Attendance at a pre -construction meeting including the preparation of meeting minutes. 2. Review and evaluation of required submittals. Anticipated submittals would include: a. Construction schedule. b. Traffic Control Plan. c. Proposed subcontractors and suppliers. d. Manufacturers Specifications and/or Cut Sheets e. Asphalt Mix Design. f. Concrete Mix Design. g. Samples of fill, bedding, and base materials. It. Test Results. 3. Observations of the construction in progress for general conformance to the Contract Documents. We have allocated 4 hours per day during the anticipated two week construction period for this task. 4. Attendance at progress meetings. 5. Evaluation of changes and corrections during construction. 6. Drafting required change orders. 7. Review of the contractor progress. S. Evaluation of pay requests. 12 Intermountain Engineering — Freedom Park Sid and Project Management Contract Clarifications and Alternate Services: While IME intends for this proposal to include all civil engineering design elements required, our proposal includes only the specific scope of work described. The following items are intended to clarify our assumptions and to provide alternate items of work: 1. Drainage Report andlor Storm Water Management Pura (SWMP): No SWMP or Drainage Report has been included. 2. Structural Engineering - No structural engineering is included in our proposal. Any structures or retaining walls in excess of 4 feet high will be designed by others. 3. Meetings - Our proposal includes time to meet with ECO Transit personnel. Any additional meeting time, such as preparation for and presentations at public hearing, will be considered Additional Services. 4. General - Plans will be prepared in conformance with ECO Transit requirements for incorporation into an overall plan set for the project. Applications will be completed and submitted by others. 5. Reimbursable Expenses - Expenses for plotting, printing, copying and similar items will be billed at actual cost. Mileage will be billed in accordance with the attached fee schedule. 6. Planning Delays - This proposal assumes our work will proceed in an orderly and continuous fashion. Our fee estimates are based on preparation of designs for a single site plan. No time or fees have been included for delays, multiple site plans or additional studies beyond what is described above. 7. Utility Company Coordination —ECO Trails will be responsible for coordination with utility providers. S. Survey Services - Survey construction staking and post construction as -built survey is not included in this proposal and is listed as an alternative service if requested by ECO Trails. 9. Geotechnical Soils and Materials Testing — Construction Soils and Materials testing is not part of this proposal. ECO Trials is to contract directly with any the testing consultant. Schedule: Inter -Mountain will complete the Final Construction Documents within 2 weeks of authorization to proceed and the Project Manuel will be complete 2 weeks after ECO's approval of the Final Construction Documents. 13 Intermountain Engineering — Freedom Park Sid and Project Management Contract Proposed Fees: We propose to provide the outlined, base scope services for the following fees: L Final Plan Submittal Documents - "On -Site": 1. Final Construction Documents $ 2,000.00 (15 hours) 2. Engineer's Opinion of Cost $1,000.00 (8 hours) 3. Project Manual $ 3,000.00 (24 hours) Anticipated Professional Fees: H. Construction Services: 1. Construction Period Assistance A. Pre -Bid Meeting: B. Interview and research references for low bidder. C. Field Observations: D. Change Orders (if required): E. Pay Requests: Anticipated Professional Fees: Total Basic Services: M. Alternate Services: 1. Soils & Materials Testing (Ground Engineering proposal attached) 2. Survey - Construction Staking: 3. Survev—As-Builts: Anticipated Alternate Professional Fees: $ 375.00 (3 hours) $125.00 (1 hour) $ 2,250.040 (9 hours per week) 18 hours total) $ 250.00 (2 hours) $ 5040.040 (4 hours) $ 3,500.00 $9,500.00 $ 2,185.00 $ 760.00 $ 720.00 $3,665.00 14 Intermountain Engineering — Freedom Park Sid and Project Management Contract EXHIBIT B Insurance Certificate 15 Intermountain Engineering — Freedom Park Bid and Project Management Contract CI ient#: 1088663 INTERENG5 ACORD,,., CERTIFICATE OF LIABILITY INSURANCEDATEjMM❑❑YYYY) 3,+01,+2017 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 USI Colorado, LLC Prof Liah P.O. Box 7050 Englewood, CO 80155 800 873,8500 A E: (W.NE :800 573 FAx wC. No E-MAIL ADDRE$$• INSURER AFFORMOCOV ERAGE NAIC9 INSURER : Travelers Indemnity Co. of Amer 25666 INSURED Inter Mountain Engineering, Inc. INSURER B : Travelers Indemnity Company 25658 INSURER C: Farmington Casualty Company 41483 Charles F. Spanel, Inc DBA I+suRER D. XL Specialty Insurance Company 37885 P. O. Bax 978 INSURER E. TravelerS Property Cas. Co. of 25674 Avon, CO 81620 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 CONTRACTOR 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. R 54FF TYPEOFINSURANCE POLICY I D pL WVD NUMBER NI1DD111LSUBR POLICY EYYY POLICY EXP NIIDWYYYY Lmrr$ A X CORIMERCIAL GENERAL LIABILrrY x x 680913510281 12/01/2016 12/01/2017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREM E R 0=rr❑ $1 000 0130 MED EXP [An one ] $10,000 PERSONAL&ADV INJURY $1,000,000 G EN'L AGG REGATE LIMIT APPLIES PER, GENERAL AGGREGATE s2,000,000 X PRO POLICY JECT LOC 000 000 PRODUCTS $2, , $ OTHER: E BIL AUTOMOBILE LIAITY x x BA9D511185 2/01/2016 12/01/201 COMBINED SINGLE LIMIT ijjent] $1,000,000 X ANY AUTO BODILY INJURY [Per person] $ ALLOWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY [Per accident] $ PROPERTY DAMAGE $ Per accident B X UMBRELLA LIAB X OCCUR X X CUP9D51844A16 2/01/2015 12/01/201 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS UAB CLAIMS -MADE DED I X1 RETENTION $100D0 WORKERS DOMPENsanpNx AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YEN OFFICER/MEMBER EXCLUDED? � (Mandatary In NH) $ G. NIA UB4214T227 2/01/2016 12/01/201 X PTA TE EOR" E.L. EACH ACCIDENT $1 0130,000 E. L. DISEASE- EA EMPLOYEE $1 000,000 Ill ❑ SCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $1 000,000 $1,000,000 per claim D Professional DPS9909111 2/01/2016 12/01/2019 Liability $2,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES {ACORD 101, Add itianoI Remarks Schedule, may be aItached it more space is required} As required by written contract or written agreement, the fallowing provisions apply subject to the policy 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 1 Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION ECO Transit & Trails Attn: Jared Barnes 3289 Cawley Mesa Road P.O. Bax 1070 Gypsum, CO 81637 ACORD 25 (2014.'01) 1 of 2 #S199845901M19365310 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �C © 19BB-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SDAZP DESCRIPTIONS (Continued from Page 1 ) and owner. The General Liability, Automobile Liability, Umbrella/Excess insurance policies applies on a primary and non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella 1 Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please nate Additional Insured status does not apply to Professional Liability and Workers' Compensation. SAGITTA 25.3 (2014101) 2 of 2 #S199M590/M19365310