HomeMy WebLinkAboutC18-358 Jviation Inc Page 1 of 11 ON-CALL AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN JVIATION, INC. AND EAGLE COUNTY, COLORA DO Eagle County, Colorado hereinafter called the “Sponsor”, agrees to retain, the firm of Jviation, Inc. hereinafter called the “Engineer” to perform on-call professional services, including engineering, architectural, planning, and other incidental services that may be requested by the E agle County Regional Airport. SECTION 1. SCOPE OF SERVICES 1.1 The scope of services contemplated under this Agreement is for requested engineering, architectural, planning, and other incidental services for improvements to the Eagle Cou nty Regional Airport. All services performed pursuant to this Agreement and any amendments thereto shall be referred to as “Work”. Unless specifically excluded by a future amendment, all such terms and conditions set forth herein shall apply to all Scope of Services or Work by Engineer. 1.2 Engineer agrees to diligently provide all services, labor, personnel and materials necess ary to perform and complete the Work pursuant to this Agreement and amendments describing the Work. The rates are identified on Exhibit “A”, Jviation, Inc. Billing Rate Schedule 2018 and hereby incorporated. The rates set forth in Exhibit “A” are subject to annual revision by the Engineer. Prior to the performance of any Work, Engineer shall first provide Sponsor with a task order for the Work and the County Representative shall approve such estimate in writing. The Work shall be performed in accordance with the provisions and conditions of this Agreement and attendant Task Order . SECTION 2. COMPENSATION AND PAYMENT 2.1 Engineering Work to be performed under this Agreement will be ordered as required by the Sponsor via written execution of mutually agreed task orders, with a not to exceed amount of $100,000.00 for the Term or any Renewal Term. The Sponsor shall pay Engineer the consideration set forth in each Task Order ; which consideration shall constitute complete payment for all S ervices furnished in connection with the work required to be performed under the Amendment. 2.2 Compensation for services shall be on a Lump Sum or Cost Reimbursable basis as mutually agreed to by the Parties. The task orders issued under this Agreement shall specifically identity the Services, the type of Compensation , the applicable rates and the reimbursable expenses. 2.3 For performance of the Work described in each Lump Sum task order, Sponsor shall pay Engineer the Lump Sum set forth in such amendment in monthly increments over the period of performance of the Work, based on percentage completed unless other specific payment schedules are mutually agreed to and set forth in the amendment. 2.4 For performance of the Work described in each Cost Reimbursable amendment, Sponsor shall pay Engineer the ra tes for the applicable individual performing the Work times the number of hours employed on a specific project. 2.5 Expenses for Lump Sum and Cost Reimbursable projects shall be reimbursed by Sponsor as identified in the task order. DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 2 of 11 2.6 Payments for all services shall be due within thirty (30) days after the receipt of invoices. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as Sponsor may request. If Sponsor disputes any portion of an invoice, it shall not be relieved of the responsibility of paying the undisputed portion thereof. 2.7 Notwithstanding anything to the contrary contained in this Agreement, Sponsor shall have no obligations under this Agreement after, nor shall any payments be made to Engineer in respect of any period after December 31st of any year, without an appropriation therefor by (Sponsor) County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Ti tle 30 of the Colorado Revised Statutes and the Local Government Budget Law (C.R.S. §§ 29 -1 -101 et.seq.) and the TABOR Amendment ( Colorado Constitution, Article X, Sec. 20). The parties recognize that the County is a governmental entity and that all finan cial obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. SECTION 3. TERM 3.1 The Agreement shall become effective upon execution by both Parties and will remain in full force and effect for one year from the effective date (“T erm”). This Agreement shall be automatically renewed for four (4) successive periods of 12 months (each a “Renewal Term”), unless either party terminates this Agreement in accordance with paragraph IX below. SECTION 4. PARTIES RESPONSBILIT IES The Engineer and Sponsor mutually agree that: 4.1 The Sponsor and the Engineer each binds himself, his partners, successors, assigns, and legal representatives to the other party to this Agreement and the partners, successors, assigns and legal representatives of such other pa rty in respect of all covenants of this Agreement. Neither the Sponsor nor the Engineer shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other; 4.2 The parties to this Agreement recognize that the engineering services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement, the County is relying upon the professional services and reputation of Jim Trott, Jason Virzi, and the other staff members set forth in the attached 2018 billing rates. The parties agree that those staff members shall be dedicated to County projects to the extent reasonably practical. Any changes of staff members dedicated to County projects will be done by mutual consent of the parties; s uch consent to not unreasonably be withheld. 4.3 Sponsor acknowledges that the plans and specifications are instruments of professional service. However, all design, plans, specifications and all other instruments of professional services pursuant to this Agre ement, in any form, and regardless of stage of completion, shall be the sole exclusive property of the Sponsor, whether or not the project is completed. Upon request, Engineer shall deliver to Sponsor all such instruments in the format directed by Sponsor. Sponsor agrees that it will not use the plans, specifications and other documents for any other project or purpose other than that contractually identified and for post -completion maintenance, reconstruction, expansion and remodeling of the same. 4.4 The Spo nsor shall make available to the Engineer all technical data that is in the Sponsor’s possession including maps, surveys, property descriptions, borings, and other information required by the Engineer and relating to its work. DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 3 of 11 4.5 The Sponsor agrees to cooper ate with the Engineer in the approval of all plans and specifications, or should they disapprove of any part of said plans and specifications, shall make a timely decision in order that no undue expense will be caused the Engineer because of lack of decisi ons. If the Engineer is caused to incur other expenses such as extra drafting, due to changes ordered by the Sponsor after completion and approval of the plans and specifications, the Engineer shall be equitably paid for such extra expenses and services i nvolved. 4.6 The Sponsor shall pay publishing costs for advertisements of notices, public hearings, requests for bids, and other similar items; shall pay for all permits and licenses that may be required by local, state, or federal authorities; and shall secur e the necessary land, easements, and rights -of- way required for the project. SECTION 5. INSURANCE 5.1 The Engineer shall procure and maintain at its expense during the effective period of this Agreement the following insurance from insurance companies authorized to do bu siness in the State in which the Site is located , covering all operations and services under this Agreement performed by Engineer. 5.1.1 Worker ’s c ompensation and Employer’s Liability i nsurance in accor dance with the provisions of applicable law . 5.1.2 Commercial g e neral l iability in amounts not less than $1 million combined single limit per occurrence and $4 million aggregate for bodily injury, personal injury, and property damage with endorsements to include contractual liability. Engineer shall name Sponsor as Additional Insured for ongoing operations, to the extent permitted by law. Coverage shall be primary . 5.1.3 Automobile l iability , b odily i njury and p roperty d amage with a limit of $1 million for occurrence, combined single limit including owned, hired and non -owned autos. 5.1.4 Professional l iability i nsurance in amounts not less than $1 million per claim and $2,000.000 aggregate limits . 5.2 The Engineer shall furnish to the Sponsor a certificate or certificates of insurance showing compliance with this Section 6 . 5.2.1 To the extent commercially available to Jviation from its current insurance company, insurance policies required under subsection shall contain a provision that the insurance company or its designee must give the Sponsor written notice transmitted in paper or electronic format: (a) 30 Days before coverage is non -renewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. SECTION 6. STANDARD OF CARE 6.1 Engineer shall be responsible for the completeness and acc uracy of the Work, including all supporting data and other documents prepared or compiled in performance of the Work, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved t he Engineer's Work shall not relieve the Engineer of any of its responsibilities. The Engineer and its professional consultants shall perform the Work in a skillful, professional and competent manner and in accordance with prevailing standards of cares, s kill and diligence applicable to engineers, airport, structural, electrical and mechanical engineers, as the case may be, with respect to similar work. DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 4 of 11 SECTION 7. FORCE MAJEURE 7.1 It is mutually agreed by the Parties that time is of the essence for the successful completion of all agreed upon Work. Engineer shall perform such Work diligently and without interruption at such rate of progress so as to accomplish completion with the agreed upon project schedules. Any delay or failure of engineer in the performance o f its required obligations hereunder shall be excused if and to the extent caused by acts of God, war, riot, strike, fire, storm, flood, windstorm, discovery or uncovering of hazardous or toxic materials or causes beyond the reasonable control of Engineer, provided that prompt written notice of such delay or suspension given by the Engineer to the Sponsor. In no event shall such notice be given more than seventy -two (72) hours after Engineer becomes aware of the cause of such delay. Upon receipt of said n otice, if necessary, the time for performing shall be extended for a period of time reasonably necessary to overcome the effect of such delays and Engineer shall be reimbursed for the cost of such delays. SECTION 8. TERMINATION 8.1 Termination by Sponsor . Upon five (5) business days written notice to Engineer, S ponsor may terminate this Agreement or any Amendment issued hereunder, in whole or in part, for its convenience, with or without cause. In the event of such termination, Sponsor may take possession of the Proje ct in such manner as Sponsor may deem expedient . Upon such termination, Sponsor shall be liable only for Work satisfactorily completed prior to the notice and for unavoidable expenses directly incurred for performance of those parts of the Work which have not been completed, provided that, at its sole option, Sponsor may require the Engineer complete particular portions of the Work on a time and reimbursable expenses basis as provided herein. Upon termination, Engineer shall deliver to Sponsor all instruments entirely or partially completed pursuant Section VI (3) herein, together with all material supplied to Engineer by Sponsor. Payment will be due within thirty (30) days after Engineer has delivered the last of the instruments, together wit h any records that may be required to determine the amount due. 8.2 Termination by Engineer . If work on the Project shall be delayed for more than 30 calendar days of account of one or more of the occurrences set forth in Section 7 , or if Sponsor shall fail to pay the Engineer in accordance with the terms of Section 2 , the Engineer may, at its option, upon five (5) b usiness days written notice to S ponsor, terminate this Agreement . In the event of any such termination, Sponsor shall reimburse the Engineer for all costs of performance of the Services as the E ngineer may have incurred on account of such delays. Sponsor shall thereafter assume all obligations, commitments, or other liabilities that Engineer shall have previously incurred or made in connection wi th its performance of the Services and for which the Engineer has not been paid and released. 8.3 Termination Without Cause . Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. In the case of such termination, Engineer shall be paid for all Services satisfactorily performed prior to the termination date. SECTION 9. INDEMNIFICATION 9.1 General Liability Indemnification . Engineer shall indemnify and hold harmless Sponsor , and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Sponsor may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, th e acts and omissions of, or representations by, the Engineer or any of its sub -consultants in the performance of this Agreement. Engin eer shall reimburse Sponsor for reasonable attorney fees and costs, legal and other expenses incurred by Sponsor in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 5 of 11 shall not apply to claim s by third parties against the Sponsor to the extent that Sponsor is liable to such third party for such claims without regard to the involvement of the Engineer . This paragraph shall survive expiration or termination hereof. 9.2 Professional Liability Indem nification . To the fullest extent permitted by applicable law, the Engineer agrees to indemnify and hold the Sponsor harmless from and against any liabilities, claims, damages and costs (including reasonable attorney’s fees) to the extent caused by the neg ligence of the Engineer in performance of professional services under this Agreement. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by an applicable statute of repose or statute of limitations SECTION 10. CONSTRUCTION COST OP INION 10.1 An opinion of probable construction costs prepared by Engineer represents his judgment as a design professional and is supplied for Sponsor’s guidance. Because the Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, the Engineer does not guarantee the accuracy of its opinion as compared to contractor bids or actual cost to the Sponsor SECTION 11. MISCELLANEOUS 11.1 Interpreta tion . In this Agreement , unless a clear contrary intention appears, (a) words used with initial -capitalized letters shall have the definitions set forth herein, (b) the term “or” shall not be used in an exclusive manner, (c) reference to any gender includ es each other gender; (d) reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (e) “including” (with any correlative m eaning “include”) means including without limitation the generality of any description preceding such term; and (f) the headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement . 11.2 Notices . All notices, reports, records, or other communications which are required or permitted to be given to the parties under this Agreement shall be sufficient in all respects if given in writing and delivered in person, by facsimile, by electronic ma il (return receipt requested), overnight courier, or by certified mail, to the receiving party at the following address: If to Sponsor: Eagle County Regional Airport 219 Eldon Wilson Road Gypsum, Colorado 81637 Attention: Josh Miller, Construction Manager Telephone: 970-328-3532 Email: josh.miller@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway P.O. Box 4708 Eagle, Colorado 81631 DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 6 of 11 If to Engineer: Jviation, Inc. 900 S. Broadway, Ste. 350 Denver, CO 80209 Attention: Jim Trott and/or Jason Virzi Telephone: 303-524-3040 and/or 303 -524 -3025 Email: jim.trott@jviation.com and/or jason.virzi@jviation.com or to such other address as such party may have given to the other by notice pursuant to this Section. Notices shall be deemed given on the date of delivery: on the date a FAX is transmitted and confirmed received or, if transmitted after normal busines s hours, on the next business day after transmission, provided that a paper copy is mailed the same date: or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 11.3 Professional Services . T he parties recognize that the engineering services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement, the Sponsor is relying on the professional services and reputation of Jim Trott, and Jason Vir zi. The parties agree that those staff members shall be dedicated to County projects to the extent reasonably practical. Any changes to staff members dedicated to County projects will be done by mutual consent of the parties, such consent shall not unrea sonably be withheld. 11.4 Severability . The provisions of the Agreement are severable, and, if any provision shall be determined to be illegal or unenforceable, such determination shall in no manner affect any other provision hereof, and the remainder of this Agreement shall remain in full force and effect, provided however, that the intention and essence of this contract may still be accomplished and satisfied. In the event that any provision of the Agreement is held to be unenforceable or invalid by any cour t of competent jurisdiction, Engineer and Sponsor shall negotiate an equitable adjustment in the provisions of this Agreement to preserve the purpose of this contract and maintain the allocation or risk, liabilities and obligations originally agreed upon. 11.5 Governing Law . The terms of this Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Colorado . 11.6 Entire Agreement . This Agreement constitutes the entire agre ement between the parties and the terms and conditions hereof were negotiated between the parties o n an arms -length basis and no obligation or covenant of good faith or fair dealing shall be implied or interpreted as conferring upon either party any right, duty, obligation or benefit other than expressly set forth herein. No modifications or amendments to this Agreement shall be valid unless agreed to by the parties in writing and signed by their authorized representatives. No waiver of any breach or failure of either party to insist on strict performance of any of the terms herein shall be deemed to imply or constitute a waiver of any other term or the right thereafter to enforce any other default. 11.7 Independent Contractor. I t is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Engineer shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Engineer shall be, or shall be deemed to be, the employee, agent, or servant of Sponsor. 11.8 Successors; Assignment . Engineer may not assign its interest in this Agreement, including the assignment of any right o r delegation of any obligations provided herein, without the prior written consent of Sponsor, which consent Sponsor may withhold in its sole discretion. Except as so DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 7 of 11 provided, t his Agreement shall be binding upon each party and its successors and assigns and shall not be deemed to be for the benefit of or enforceable by any third party . 11.9 Electronic Formats and Signatures. The Parties agree and acknowledge that this Agreement may be kept in electronic form and that an electronic version of this Agreement will be just as valid and enforceable as the original. This Agreement may be signed in one or more counterparts (including faxed or electronically scanned copies), each of which will be deemed on e and the same as the original. Reproductions of this execute d original (with reproduced signatures) will be deemed to be original counterparts of this Agreement. 11.10 Record Retention . The Engineer shall maintain complete and accurate records of its performance relating to this Agreement for a period of three (3) years following final payment hereunder. Sponsor shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time. SECTION 12. PROHIBITIONS ON PUBL IC CONTRACT FOR SERV ICES 12.1 As used in this Sec tion 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 Engineer has any employees or subcontractors, Engineer shall comply with C.R.S. 8 -17.5 -101, et. seq., and this Agreement. By execution of this Agreement, Engineer certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Engineer 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. 12.2 . Engineer shall not: a. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or b. Enter into a subcontract that fails to certify to Engineer that the subcontractor shall not knowingly employ or contract with an undocumented indiv idual to perform work under the public contract for services. 12.3. Engineer 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 12.4. Engineer shall not use either the E -verify program or oth er Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. 12.5. If Engineer obtains actual knowledge that a subcontractor performing work under the public contract fo r services knowingly employs or contracts with an undocumented individual, Engineer shall be required to: DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 8 of 11 a. Notify the subcontractor and County within three (3) days that Engineer has actual knowledge that the subcontractor is employing or contracting wit h an undocumented individual; and b. 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 Engineer 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. 12.6. Engineer 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). 12.7. If Engineer 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, Engineer shall be liable for actual and consequenti al damages to County as required by law. 12.8 County will notify the Colorado Secretary of State if Engineer violates this provision of this Agreement and County terminates the Agreement for such breach. DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 9 of 11 T he parties executed this On Call Agreement as of this SPONSOR: Eagle County, Colorado By: Name: Title: ENGINEER: J viation, Inc. By: Name: Jason Virzi, PE Title: Office Ma nager DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 12/6/2018 County Manager Jeff Shroll Page 10 of 11 Exhibit A to Base Agreement Form of Amendment See attached. DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Jviation PROJECT NO. AIP PROJECT NO. Page 1 of 3 AMENDMENT NO. ONE (1) TO CONTRACT DATED __________________ BETWEEN JVIATION, INC. AND SPONSOR CITY, STATE The Sponsor and the Engineer agree to amend their contract for improvements to the ______________, ________________ (city), ____________ (state) to include fees for engineering services. The improvement Item No. is included in the Scope of Work of the original contract. The item covered by this amendment is described as follows: Item No. • or other work as identified. The Sponsor agrees to pay the Engineer for the services listed under Section 2 of the original contract in the following manner, and within the time constraints outlined in the AIP development schedule. PART A - BASIC SERVICES DESIGN Preliminary Design .............................................................................................................. Lump sum of $0.00 Design ................................................................................................................................... Lump sum of $0.00 BIDDING Bidding .................................................................................................................................. Lump sum of $0.00 TOTAL BASIC SERVICES ............................................................................................. Lump sum of $0.00 Method of payment shall be as follows: Interim payments based on work performed by the Engineer and detailed in a report submitted to the Sponsor with the request for payment. A retainer of ten percent of the total contract amount to be paid upon Notice to Proceed for construction, or, in the event the Sponsor does not elect to proceed with construction, the remaining ten percent to be paid upon receipt of request for payment from the Engineer. PART B - SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/HYDROLOGIC STUDIES/CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING) The maximum estimated SPECIAL SERVICES engineering is as follows: GEOTECHNICAL INVESTIGATIONS (FOR DESIGN) Geotechnical Investigations .............................................................................................. Lump sum of $0.00 DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 2 of 3 TOPOGRAPHIC SURVEYS (FOR DESIGN) Topographic Surveys .......................................................................................... Time and Materials of $0.00 ACCEPTANCE TESTING (FOR CONSTRUCTION) Acceptance Testing .............................................................................................. Time and Materials of $0.00 TOTAL SUBCONSULTANT SERVICES .................................................................... Lump sum of $0.00 If work is abandoned, or terminated, after obtaining approval by the Sponsor and the FAA of the final construction plans and specifications, the Sponsor shall reimburse up to 100 percent of the total lump sum as listed under PART A, and 100 percent of the invoiced costs for soils and pavement investigations, topographic surveys, and hydrological studies, or other studies as listed under PART B. CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING The estimated maximum for CONSTRUCTION ADMINISTRATION and FIELD ENGINEERING is: Construction Administration ............................................................................................ Lump Sum of $0.00 Pre-Construction Coordination ........................................................................................ Lump Sum of $0.00 Construction Coordination ............................................................................. Cost Plus a Fixed Fee of $0.00 Post Construction ............................................................................................................... Lump Sum of $0.00 REIMBURSABLE COSTS Reimbursable Costs During Construction Coordination ........................................................................ $0.00 TOTAL CONSTRUCTION SERVICES ................................................................................................. $0.00 TOTAL SPECIAL SERVICES .................................................................................................................. $0.00 TOTAL ........................................................................................................................................................... $0.00 Method of payment shall be as follows: For services rendered under PART B - SPECIAL SERVICES, the Sponsor agrees to make monthly payments based upon the work performed by the Engineer, up to 90 percent of the total contract. The final ten percent of the fee shall be due and payable when the project final inspection and the construction report have b een completed, and when reproducible Record Drawings have been submitted to the Sponsor and when the revised Airport Layout Plan has been approved by the FAA or when the construction work has terminated. The Record Drawings and Construction Report shall be submitted within a period of 90 days from end of construction period. This Amendment shall be considered concurrent with completion of audit. DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 3 of 3 All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this _______ _____ day of 201__. SPONSOR: [NAME] ATTEST: By: Name: Insert Before Printing Title: Insert Before Printing ENGINEER: Jviation, Inc. By: Name: Insert Before Printing Title: Insert Before Printing DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Page 11 of 11 Exhibit B to Agreement Rates for 2019 See attached. DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 Jviation, Inc. Billing Rate Schedule for 2019 $235/hour (Jim Trott, Jim Fluhr, J.D. Ingram, Travis Vallin, Jason Virzi) $230/hour (Craig Sparks, Donna Taylor) $155/hour (Matt Gilbreath, Andy Remstad) $185/hour (Chris Giessing) $215/hour (Zach Ambariantz) $170/hour (Joel Wiechmann) $145/hour $135/hour (Kevin Scherr) $120/hour $180/hour (Mike Quinn) $155/hour $140/hour $100/hour (Cody Beaver) $95/hour $225/hour $100/hour $95/hour (Marisa Fluhr) $75/hour $50/hour $70/day $50/day $0.545/mile Lump Sum Principal Senior Consultant Project Manager Quality Control Manager Electrical Engineer II Electrical Engineer I Engineer Associate Engineer Designer Construction Manager IV Construction Manager III Construction Manager II Construction Manager I CADD Tech Survey Manager Surveyor Project Coordinator Support Intern Field Vehicle Office Vehicle Mileage DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84 12/3/2018 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 Erin Threlkeld, CRIS (303)824-6600 (303)370-0118 erin.threlkeld@moodyins.com Jviation, Inc. 900 S. Broadway Suite 350 Denver CO 80209 Travelers Indemnity Co of America 25666 Hiscox Ins Co 10200 Travelers Indemnity Co 25658 Travelers Cas Ins Co of America 19046 Charter Oak Fire Insurance Co 25615 Underwriters at Lloyds of London 15642 18-19 Master w/ Forms A X X X X 6803K605697 1/1/2018 1/1/2019 Additional Insured Status Applies Only to the Extent Provided in From CG D3 81 09 15 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 E X X X BA3K607433 1/1/2018 1/1/2019 1,000,000 C X X 0 CUP3K612467 1/1/2018 1/1/2019 9,000,000 9,000,000 D UB3K609703 1/1/2018 1/1/2019 X 1,000,000 1,000,000 1,000,000 B Professional Liability ANE210267618 1/1/2018 1/1/2019 Primary Aggregate 5,000,000 F Professional Liab-Excess PGIPLX0012300($5M xs $5M)7/1/2018 1/1/2019 Total Aggregate (Prim & XS)10,000,000 RE: Any and All Projects Eagle County Regional Airport and all entities required by written contract is included as an Additional Insured with respect to General Liability on a primary and non-contributory basis for ongoing and completed operations as required by written contract. Eagle County Regional Airport Attn Josh Miller, Construction Manager 219 Eldon Wilson Road Gypsum, CO 81637 josh.miller@eaglecounty.us E Threlkeld, CRIS/ERI The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) DocuSign Envelope ID: 542A30B9-26EF-4714-94BC-CC3EBF5D0B84