HomeMy WebLinkAboutECAT18-006 Ground Engineering Consultants IncAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND GROUND ENGINEERING CONSULTANTS, INC. THIS AGREEMENT (“Agreement”) is effective as of ________________, by and between Ground Engineering Consultants, Inc., a Colorado corporation (hereinafter “Consultant” or “Contractor”) and Eagle County Air Terminal Corporation a Colorado non-profit corporation (hereinafter “ECAT ”). RECITALS WHEREAS, ECAT is seeking the services of a consultant to perform special inspection and materials testing services for the Eagle County Regional Airport Expansion and Remodel Project (the “Project”) taking place at the Eagle County Regional Airport Terminal, 217 Eldon Wilson Road, Gypsum, CO 81637 (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 ECAT in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and ECAT 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 begin the Services no later than July 30, 2018 and in accordance with the Project schedule. 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. DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 7/26/2018 2 ECAT Professional Services Final 5/14 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. ECAT’s Representative. The Project Management 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 15th day of November, 2019. 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 ECAT for such additional services in accordance with ECAT’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 ECAT 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 ECAT 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. ECAT shall compensate Consultant for the performance of the Services at the rates set forth in Exhibit A in an amount not to exceed $45,692.00. 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 ECAT. 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 ECAT may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by ECAT 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 ECAT. c. If, at any time during the term or after termination or expiration of this Agreement, ECAT reasonably determines that any payment made by ECAT 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 ECAT, Consultant shall DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 3 ECAT Professional Services Final 5/14 forthwith return such payment(s) to ECAT. Upon termination or expiration of this Agreement, unexpended funds advanced by ECAT, if any, shall forthwith be returned to ECAT. d. ECAT 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. 6. Sub-consultants. Consultant acknowledges that ECAT 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 ECAT’s prior written consent, which may be withheld in ECAT’s sole discretion. ECAT 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 ECAT has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by ECAT 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 ECAT. ECAT 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 ECAT, 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. DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 4 ECAT Professional Services Final 5/14 i. The automobile and commercial general liability coverage shall be endorsed to include ECAT, 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 ECAT 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 ECAT. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to ECAT 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 ECAT, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of ECAT for a complete copy of the policy. viii. Consultant shall advise ECAT 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 ECAT 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 ECAT, ECAT shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 5 ECAT Professional Services Final 5/14 xi. The parties hereto understand and agree that ECAT 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 ECAT, 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 ECAT , and any of its officers, agents and employees against any losses, claims, damages or liabilities for which ECAT 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 negligent performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse ECAT for reasonable attorney fees and costs, legal and other expenses incurred by ECAT 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 ECAT to the extent that ECAT 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 ECAT. Consultant shall execute written assignments to ECAT of all rights (including common law, statutory, and other rights, including copyrights) to the same as ECAT 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 subcontractor in connection with the performance of the Services and additional services under this Agreement). If you require documents in a particular format insert that information here. 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. DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 6 ECAT Professional Services Final 5/14 EAGLE COUNTY AIR TERMINAL CORPORATION: Attention: Josh Miller Eagle County Project Management Department 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3532 Facsimile: 970-328-3539 E-mail: josh.miller@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail: atty@eaglecounty.us CONSULTANT: Ground Engineering PO Box 464 Gypsum, CO 81637 Telephone: 970-524-0720 E-mail: groundeng.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 ECAT 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 ECAT with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from ECAT. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. ECAT 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 ECAT with all documents as defined in paragraph 9 hereof, in such format as ECAT shall direct and shall return all ECAT owned materials and documents. ECAT shall pay Consultant for Services satisfactorily performed to the date of termination. DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 7 ECAT Professional Services Final 5/14 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 ECAT 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 ECAT. 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 ECAT and Consultant except that of independent contractor. Consultant shall have no authority to bind ECAT. 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. DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 8 ECAT Professional Services Final 5/14 f. Consultant shall not assign any portion of this Agreement without the prior written consent of ECAT. 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 ECAT . Consultant shall be subject to financial audit by federal, state or ECAT 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 ECAT 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. l. 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 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: DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 9 ECAT Professional Services Final 5/14 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: https://www.uscis.gov/e-verify 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 ECAT 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, ECAT 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 ECAT as required by law. g. ECAT will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and ECAT terminates the Agreement for such breach. DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 10 ECAT Professional Services Final 5/14 [Rest of page intentionally left blank] DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 11 ECAT Professional Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY AIR TERMINAL CORPORATION By: _____________________________ Kathy Chandler-Henry, Chair Attest: By: __________________________________________ Jeff Shroll, Secretary CONSULTANT: By:________________________________ Print Name:_________________________ Title: ______________________________ DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F Principal Nick Andrade 12 ECAT Professional Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F June 8, 2018 Subject: Proposal for Materials Testing and Special Inspection Services, Eagle County Regional Airport Expansion & Remodel Project, Gypsum, Colorado Proposal No. 1806-1032 Mr. Josh Miller – Construction Manager Eagle County Government 200 Broadway Eagle, Colorado 81631 Dear Mr. Miller, Ground Engineering Consultants, Inc. (GROUND) appreciates the opportunity to prepare a proposal to provide materials testing and special inspection services for the Eagle County Regional Airport Expansion & Remodel, located at 217 Eldon Wilson Road, Colorado. Our proposed fees are based on quantities estimated from plans and specifications provided dated 4/27/2018, and construction schedule dated 5/31/2018. Please note that the services detailed below will only be provided as scheduled by the Owner, Owner’s Representative, Contractor, or applicable Subcontractors. Additional services beyond those below can be provided. Please contact our office for a fee estimate for additional services that may be needed. Based on the schedule provided we understand that the project will have an overall duration of 9 months. Scope of Project The proposed project will generally consist of the select demolition, renovation and construction of a two- story expansion and associated sitework. New foundation construction will consist of a shallow foundation system. The building will consist of structural steel framing with a steel joist and metal deck roof system. Site work is anticipated to include concrete paving improvements. Fee Estimate To assist in the budgeting of this project, we are providing the following general scope of services and approximate costs for each service. To prepare this estimate, a number of assumptions were made regarding the project construction sequencing, the actual number of hours and associated tests may be more or less. The fees outlined below represents an estimate of the time and unit cost for the proposed scope of services, based on our understanding of the project quantities and assuming proper scheduling of our services. The estimate detailed is not inclusive of costs associated with retesting. An overtime rate of an additional $15.00 per hour above the hourly rate will be billed for hours over 8 per day and all hours on nights and weekends, and double time will be billed on major holidays. Soils Technician $50.00 per hour 168 Hours $8,400.00 Concrete Technician $50.00 per hour 156 Hours $7,800.00 Reinforcing Steel Technician $55.00 per hour 84 Hours $4,620.00 Structural Steel/Welding (on-site) $75.00 per hour 156 Hours $11,700.00 Floor Flatness Technician $65.00 per hour 40 Hours $2,600.00 Estimated Time DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F Eagle County Regional Airport Expansion & Remodel Project Gypsum, Colorado June 8, 2018 Proposal No. 1806-1032 Page 2 of 5 Noted Proposal Assumptions/Exclusions/Conditions 1.Structural steel fabrication shop inspections are not included in our estimated fees but can be provided under an added scope of services upon request. 2.Building Inspection Services (excluded): Many municipalities are no longer providing the required inspections for commercial, retail and mixed use construction projects and the tenant finish portion of construction projects. GROUND can provide these services for this project in accordance with local, national, and/or international codes. We have highly qualified and certified IBC building inspectors familiar with the requirements for building/special inspection including fabrication, structural and nonstructural wood and light-gauge framing components, adhered and anchored masonry veneer, lath and gypsum board, EIFS, sprayed fire-resistant materials, fire- resistant penetrations, fire stopping assemblies, insulation, dampproofing and waterproofing, roof assemblies, and energy efficiency of buildings. Note: Our staff of in-house building inspectors can complete these services at a rate of $75.00 per hour, upon request. 3.Fire Stop Inspection – If requested, GROUND can provide firestop inspection services at a rate of $95.00 per hour under a separate scope of work. These services are provided by an IFC certified building inspector. 4.If requested, GROUND can provide a special inspector, as scheduled, to perform floor slab moisture testing at a unit rate of $65.00/hour under an added scope of services. Service Agreement/Proposal Conditions The scope addressed by this proposal does not include geotechnical engineering services, other than any specifically identified herein. Should geotechnical engineering services be requested, including but not necessarily limited to soil bearing pressure evaluation, remedial earthwork/soil stabilization recommendations, groundwater evaluation, and assessment of soil suitability for specific uses, the Client/Owner/Contractor must realize additional time, exploration, evaluation/analysis, and costs likely will be incurred for such services. Such services would be provided under a separate scope and fee. Performing materials testing and observation services does not place the Consultant in the role of Geotechnical Engineer for the project, and the Consultant cannot assume that role unless specifically contracted to do so. You will be invoiced for the amount of services actually performed, so actual total cost may be more or less than the amount estimated above. The terms under which our services will be performed are outlined in the General Conditions that contain a limitation of GROUND's liability. This proposed estimate shall be valid for a period of 120 calendar days from the date of submittal. GROUND reserves the right to review and revise the proposed quantities and unit rates thereafter. The referenced “Fee Schedule” and PM Management/Meetings/Review $95.00 per hour 52 Hours $4,940.00 Soil Standard Proctor Compaction 4Tests @$100.00 Gradation 4Tests @$60.00 Atterberg Limit 4Tests @$65.00 Concrete Concrete Compression Test, Cylinders (each)338 Tests @ $14.00 $45,692.00Total Proposed Estimate Subtotal for Lab Testing and Unit Billing $4,732.00 Subtotal for Labor and Time Estimate $40,060.00 This estimate has been compiled based on information provided to GROUND Engineering Consultants, Inc. as of the date of proposal. General Conditions and Limitations of Liability have been submitted herewith, and are incorporated herein by reference. This estimate is not inclusive of any retests, nor of any changes to scope or schedule of work. $5,632.00 $400.00 $240.00 Laboratory Testing and Unit Billing $260.00 DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F June 8, 2018 Proposal No. 1806-1032 Page 3 of 5 Eagle County Regional Airport Expansion & Remodel Project Gypsum, Colorado “General Conditions” are included and are part of this proposal. We propose that our fees for any additional services be based on our hourly and unit costs in accordance with the “Fee Schedule”. Also note that GROUND reserves the right to withhold data and reports until we have received a signed proposal. If this proposal meets with your approval, please sign one copy and return it to this office. Thank you for considering us for the materials testing and special inspection services on this project. Sincerely, GROUND Engineering Consultants, Inc. Chris Hutto, CET Agreed to this _______________________. Eagle County Government, by: ______________________________________________________________ Print: ______________________________________________________________________________ DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F Eagle County Regional Airport Expansion & Remodel Project Gypsum, Colorado June 8, 2018 Proposal No. 1806-1032 Page 4 of 5 DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F 13 ECAT Professional Services Final 5/14 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/18/2018 USI Colorado,LLC Prof Liab P.O.Box 7050 Englewood CO 80155 800-873-8500 303-831-5295 Berkley Insurance Company 32603 GROUNENG1 Continental Casualty Company 20443GROUNDEngineeringConsultants,Inc. 41 Inverness Drive East Englewood CO 80112 Continental Insurance Company 35289 1339095405 B X 1,000,000 X 1,000,000 15,000 1,000,000 2,000,000 X Y Y 6049524270 6/6/2018 6/6/2019 2,000,000 B 1,000,000 X X X Y Y 6049524284 6/6/2018 6/6/2019 C X X 9,000,000Y60495243176/6/2018Y 6/6/2019 9,000,000 X 10,000 B X N Y 6049524298 6/6/2018 6/6/2019 1,000,000 1,000,000 1,000,000 A Professional Liability Pollution Liability Claims Made Y AEC902082502 6/6/2018 6/6/2019 Per Claim Annual Aggregate $2,000,000 $2,000,000 As required by written contract or written agreement,the following provisions apply subject to the policy terms,conditions,limitations and exclusions:The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability;Designated Insured under Automobile Liability;and Additional Insured’s under Umbrella /Excess Liability but only with respect to liability arising out of the Named Insured 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,Umbrella/Excess Liability and Workers Compensation.The Umbrella /Excess Liability policy provides excess coverage over the General Liability,Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers'Compensation. See Attached... Eagle County Air Terminal Corporation (ECAT) 200 Broadway Eagle CO 81631 DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: GROUNENG1 1 1 USI Colorado,LLC Prof Liab GROUND Engineering Consultants,Inc. 41 Inverness Drive East Englewood CO 80112 25 CERTIFICATE OF LIABILITY INSURANCE RE Project:Materials Testing and Special Inspection Services for the Eagle County Regional Airport Expansion &Remodel Project -2018 Additional Insured:Eagle County Air Terminal Corporation (ECAT)its associated or affiliated entities,its successors and assigns,elected officials,employees, agents and volunteers DocuSign Envelope ID: 4950A7FB-7670-4EB4-B25F-073715FE785F