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Home My WebLink AboutC21-124 Ground EngineeringAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND GROUND ENGINEERING CONSULTANTS, INC. THIS AGREEMENT (“Agreement”) is effective as of ______________________, by and between Ground Engineering Consultants, Inc. a Colorado corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County desires to hire a geotechnical consultant to perform a soil boring and produce a geotechnical report that provides recommendations, based on those soil borings, for the footing design requirements for a box culvert. The proposed structure will replace the existing bridge over the Gypsum Creek on Cottonwood Pass Road in Eagle County, Colorado (the “Property”); and WHEREAS, Contractor 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 Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”) 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. Contractor agrees to commence the Services no later than April 15, 2021 and shall complete the Services no later than June 30, 2021. The Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor 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. 2. County’s Representative. The Engineering Department’s designee shall be Contractor’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 11 hereof, shall continue in full force and effect through the 30th day of June , 2021 . DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 4/19/2021 C21-124 2 Eagle County General Services Final 5/14 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor 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, Contractor’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 Contractor for the performance of the Services in a lump sum payment of $4,950.00 upon satisfactory completion of the Services. Contractor 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 Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. 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 Contractor 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, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor 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. d. 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 Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor 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. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 3 Eagle County General Services Final 5/14 Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’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 $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. 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. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor 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 Contractor or any of its subcontractors hereunder; and Contractor 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 DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 4 Eagle County General Services Final 5/14 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 Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Rickie Davies 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3567 Facsimile: 970-328-8789 E-Mail: richard.davies@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 CONTRACTOR: Ground Engineering Consultants, Inc. Ben Fellbaum 101 Airpark Dr A Gypsum, CO 81637 Telephone: 970-524-0720 E-Mail: ben.fellbaum@groundeng.com 11. 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 Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 5 Eagle County General Services Final 5/14 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 Contractor for Services satisfactorily performed to the date of termination. 12. 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. 13. 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. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor hereby represents and warrants that it will perform the Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under the same or similar circumstances with the same or similar scope of services in Colorado. DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 6 Eagle County General Services Final 5/14 g. Contractor 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. h. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. i. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. j. 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. k. Contractor 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. l. 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. m. 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. n. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. o. 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 Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. p. The Contractor, 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. 15. Prohibitions on Government Contracts. As used in this Section 15, 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 Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor 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. DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 7 Eagle County General Services Final 5/14 a. Contractor 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 Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor 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. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor 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 Contractor 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. Contractor 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 Contractor 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, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 8 Eagle County General Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 Brian Reck Senior Project Manager 9 Eagle County General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 January 26, 2021 Subject: Scope of Professional Services, Geotechnical Evaluation, Eagle County Road 10A, Gypsum Creek Box Culvert, Gypsum, Colorado Proposal Number 2101-0164 Richard Davies, P.E., PTOE Eagle County P.O. Box 850 500 Broadway Eagle, Colorado 81631 Dear Mr. Davies: GROUND Engineering Consultants, Inc. (GROUND) is pleased to submit a proposal to conduct a geotechnical evaluation to develop geotechnical parameters in support of the design and construction of the proposed box culvert that will carry Eagle County Road 10A over Gypsum Creek in Gypsum, Colorado. Based on provided documents, we understand that the proposed box culvert will be approximately 36 feet by 30 feet with wing walls, each about 20 feet in length. We assume that no other improvements (such as significant reaches of new pavements) will be included as part of this project, or will be addressed by other geotechnical evaluations, as appropriate. Based on provided information and our experience with similar projects, we propose the following: Geotechnical Evaluation Components Drill 1 test hole at a location to be determined by GROUND in conjunction with Eagle County near the proposed box culvert. The test hole will be advanced using conventional auger techniques to a depth of approximately 30 to 50 feet below existing grades or to practical auger refusal, whichever occurs first. Final depth of the test hole, however, will be determined in the field as exploration progresses and as the subsurface soil profile becomes evident. The test holes will be drilled to evaluate the subsurface soil profile and to obtain earth material samples for laboratory testing. Conduct a laboratory testing program to evaluate relevant engineering characteristics of the materials at the site. EXHIBIT A DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 Eagle County Road 10A Gypsum Creek Box Culvert Gypsum, Colorado 1/26/2021 Proposal No. 2101-0164 Page 2 of 8  Analyze the results of the field and laboratory studies to develop geotechnical parameters regarding proposed structure foundation systems, site grading/earthwork operations, excavation conditions, lateral earth pressures, and water-soluble sulfates content. Retaining wall parameters and/or design are not included in this scope of service at this time (GROUND is not aware of such structures). If retaining structures are planned for construction, GROUND should be contacted to re-evaluate the scope and fee. Similarly, pavements sections will not be addressed.  Prepare a report summarizing the data obtained, and present our conclusions and parameters. An electronic copy (PDF format) of the report will be provided. Hard/paper copies are available upon request. Field services, data analysis and report preparation will be conducted under the supervision of a licensed professional engineer. Fees We can complete the proposed scope of services outlined above for a lump sum fee of $4,950. This fee assumes normal workday (Monday to Friday – 7 am to 6 pm) operations. Additional fees may apply for night, weekend, and/or holiday work. Optional Additional Services GROUND will not proceed with the following optional additional services without your prior approval and authorization. However, these services may be required to complete the subsurface exploration program.  Traffic Control Services: Traffic control services will be needed to competed our geotechnical evaluation. If the county is unable to provide these services, GROUND can retain a traffic control services contractor to provide these services for our geotechnical evaluation. This service is estimated to be $1,500 in addition to the fees above. (initial if approved) If additional services are required beyond the scope of services outlined above, we propose that our fees for the additional services be in accordance with the hourly and unit costs presented in the Fee Schedule on page 6 of this scope of services. As times required for post-report consulting and development of additional parameters are difficult to forecast, we propose to provide these services on an hourly and unit cost basis in accordance with the Fee Schedule. Specifically, a rate of $140 per hour will apply for a project engineer or geologist, $175 per hour for a professional EXHIBIT A DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 Eagle County Road 10A Gypsum Creek Box Culvert Gypsum, Colorado 1/26/2021 Proposal No. 2101-0164 Page 3 of 8 engineer or geologist, and $205 per hour for a GROUND principal. GROUND will not proceed with additional services, however, without your prior approval and authorization. Considerations/Exclusions  We assume that the site will be accessible to a conventional, truck-mounted drilling rig. Our scope does not include snow removal, construction of access routes or drilling pads, fence removal, or any other measures necessary to obtain physical access to the test hole locations.  Eagle County will furnish right-of-entry for GROUND and our subconsultants and / or subcontractors to make borings, surveys and/or conduct other surface or subsurface explorations. GROUND and its subconsultants and / or subcontractors will take reasonable precautions to reduce damage to property. Some damage to landscaping, pavements, etc., is inherent to geotechnical drilling and should be expected by Eagle County. GROUND will backfill the test holes with auger returns, patch paved areas with ‘cold patch’ asphalt or grout and generally leave the site reasonably restored. Additional site repairs including, but not limited to, more extensive site clean-up, restoring ruts/damage in landscaped areas, repairing broken irrigation systems, replacing cracked curbs or flatwork, more elaborate pavement repairs, etc., are outside of our scope of services. Upon request, we can provide these as additional services as discussed above.  Our scope does not include fees associated with obtaining permits to complete our field services or to respond to municipal or other agency review of our report.  We have assumed that the test hole locations and elevations will be surveyed by others on the project team, if necessary. GROUND can provide a cost estimate for surveying upon request.  GROUND will notify public utilities through the Utility Notification Center of Colorado (UNCC / Colorado 811). GROUND will not be liable for damage to any private utilities as a result of exploration; the utility owner must identify or otherwise locate these utilities. By entering into an agreement with GROUND, Eagle County accepts this limitation and will either coordinate this utility identification and/or provide information to GROUND regarding the location(s) of on-site utilities. We have assumed that Eagle County will notify the private utility owner(s) within 48 hours of proposal execution. EXHIBIT A DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 Eagle County Road 10A Gypsum Creek Box Culvert Gypsum, Colorado 1/26/2021 Proposal No. 2101-0164 Page 4 of 8  Groundwater level observations will be performed during drilling operations; test holes will be backfilled upon drilling completion per Code of Colorado Regulations (2 CCR 402-2). In the event Eagle County desires additional/repeated groundwater level observations, GROUND must be notified prior to proposal/agreement execution so that necessary revisions to the scope and fee can be made.  A contractor who relies upon GROUND’s reporting for development of his scope of work or cost estimates may find the geotechnical information to be inadequate for his purposes or find the geotechnical conditions described to be at variance with his experience in the greater project area. The contractor is responsible for obtaining the additional geotechnical information that is necessary to develop his work scope and cost estimates with appropriate precision.  Evaluation/identification of hazardous/contaminated materials that may be present, is not included in our scope of services unless otherwise indicated. Eagle County must inform GROUND to the presence of hazardous/contaminated materials, known to him prior to performance of any subsurface exploration. Schedule We propose to initiate the evaluation within 3 days of being given notice to proceed. We anticipate that preliminary information will be available within 2 to 3 weeks after notice to proceed, and the final report should be completed approximately 4 to 5 weeks after notice to proceed. GROUND will attempt to adhere to this schedule; this remains dependent, however, upon favorable weather conditions, site access and buried utility locations. In any event, we will notify you of our progress and pertinent information, as it becomes available. Authorization Please review the General Conditions, which contain a limitation of our liability. Also note that GROUND reserves the right to alter the scope items if deemed necessary and withhold data and reports until we have received a signed proposal. If you have any questions, concerns or comments regarding this proposal, please contact this office. If this proposal meets with your approval, please return a signed copy to this office at which time we will sign and return an executed copy to you. This proposal is valid for 90 days. EXHIBIT A DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 Eagle County Road 10A Gypsum Creek Box Culvert Gypsum, Colorado 1/26/2021 Proposal No. 2101-0164 Page 5 of 8 We appreciate this opportunity to work with you on this project. Sincerely, GROUND Engineering Consultants, Inc. Ben Fellbaum, P.G., E.I. Agreed to this ______ day of _________________________________________ , 2021 Eagle County by: ________________________________ ________________________________ Please print name GROUND Engineering Consultants, Inc. by: ________________________________ ________________________________ Please print name EXHIBIT A DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 Brian Reck Jeff Shroll 4/19/2021 1/26/2021 Proposal No. 2101-0164 Page 6 of 8 EXHIBIT A DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 10 Eagle County General Services Final 5/14 EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 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 3/31/2021 USI Insurance Services, LLC Prof Liab P.O. Box 7050 Englewood CO 80155 800-873-8500 303-831-5295 Berkley Insurance Company 32603 GROUNENG1 Continental Casualty Company 20443GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood CO 80112 Continental Insurance Company 35289 706774813 B X 1,000,000 X 1,000,000 15,000 1,000,000 2,000,000 X Y Y 6049524270 6/6/2020 6/6/2021 2,000,000 B 1,000,000 X X X Y Y 6049524284 6/6/2020 6/6/2021 C X X 9,000,000Y60495243176/6/2020Y 6/6/2021 9,000,000 X 10,000 B X N Y 6049524298 6/6/2020 6/6/2021 1,000,000 1,000,000 1,000,000 A Professional Liability Pollution Liability Claims Made Y AEC903703804 6/6/2020 6/6/2021 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 P.O. Box 850 500 Broadway Eagle CO 81631 EXHIBIT BDocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3 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 Insurance Services, LLC Prof Liab GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood CO 80112 25 CERTIFICATE OF LIABILITY INSURANCE RE Project: Eagle County Road 10A, Gypsum Creek Box Culvert GROUND Proposal No. 2101-0164 Additional Insured: Eagle County EXHIBIT BDocuSign Envelope ID: 1BC2CF3D-E01C-4E8E-9642-A3F21BBBF2E3