HomeMy WebLinkAboutC21-284 Marcin Engineering AgreementDocuSign Envelope ID: 1A2D245F-9A21-44B8-92AA-7A9F01E48D23 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MARCIN ENGINEERING, LLC THIS AGREEMENT ("Agreement") is effective as of the 8/24/2021 QI and between Marcin Engineering, LLC, a Colorado limited liability company (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, the County issued a request for proposals ("RFP") for the services of a consultant to perform utilities, transportation planning, access control, right-of-way, preliminary design and final design for the intersection of Highway 131 and Ute Creek Road (the "Project"); and WHEREAS, in response to the County's RFP, the Consultant submitted a proposal, scope, and fee, and was selected as the successful respondent. Consultant's proposal is attached as Exhibit A and incorporated herein by this reference; and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A ("Services") which is attached hereto and incorporated herein by reference. The Project shall include at least 2 intersection design alternatives, to include necessary turn lanes and roundabout alternatives. The preferred alternative is to be selected by the project team composed of Eagle County staff and various stakeholders. Design impacts to be considered include but are not limited to, wetland impacts, steep hillsides, need for retaining walls, and a large volume of heavy vehicles. Site distance waiver may be necessary. Consultant shall provide all Deliverables set forth in Section 9 below. Required reports to be obtained or provided by the Consultant include, but are not limited to, drainage report, pavement design report, geotechnical report, environmental impact report, and traffic impact study. The Services and any Additional Services (defined below) shall be performed and all Deliverables provided in accordance with the provisions and conditions of this Agreement. C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 a. Consultant agrees to furnish the Services no later than July 31, 2022, and in accordance with the schedule established in Exhibit A. Consultant agrees to furnish its 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. C. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County's Representative. The Engineering 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 July 31, 2022. 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. Services not listed on Exhibit A shall constitute "Additional Services". No Additional Services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such Additional Services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such Additional Services is not timely executed and issued in strict accordance with this Agreement, Consultant's rights with respect to such Additional Services shall be deemed waived and such failure shall result in non-payment for such Additional Services or work performed. 5. Compensation. County shall compensate Consultant for the performance of the Services on a time and materials basis as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $209,900.00 (the "NTE price"). Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. Notwithstanding the foregoing, if authorized by the County in writing, Additional Services, if any, shall be paid for over and above the NTE price. Consultant shall bill for its services and expenses monthly. a. Payment will be made for Services and Additional Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall 2 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Except as set forth below, any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. Notwithstanding the foregoing, if approved by the County in writing, the costs of ownership and encumbrance reports, title commitment, retaining wall design, a flood plain study of Alkali Creek and offsite or underground utility location shall be in addition to the NTE price. If a right of way agent incurring costs greater than $9,500 as set forth on Exhibit A is required, or if a roundabout consultant incurring costs greater than $30,000 as set forth on Exhibit A is required, those costs shall also be in addition to the NTE price if such costs are approved by the County in writing. C. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Sub -consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub -consultant agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub -consultant, as approved by County and to the extent of the Services to be performed by the sub -consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the 3 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 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. Notwithstanding the foregoing County hereby approves of the retention of Kumar & Associates, McDowell Engineering and Smith Environmental as subconsultants. 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. 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 the County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims -made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant's certificates of insurance shall include sub -consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub -consultant. All coverage(s) for sub -consultants shall be subject to the same minimum requirements identified above. Consultant and sub -consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub -consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an "A.M. Best" rating of not less than A-VII. 4 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 iv. Consultant's insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against Eagle County. V. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to the County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant's certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant's broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If the Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to the County, County shall be entitled to immediately terminate this Agreement. X. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers' compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. To the extent allowed by law, the Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out 5 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 of, directly or indirectly, this Agreement, or are based upon negligence, errors, or omissions or nonperformance by Consultant or any of its sub -consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by the Consultant in connection with the Services shall become property of the County upon Consultant's receipt of payment and are to be delivered to County before final payment is made to Consultant or upon earlier termination of this Agreement. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and Additional Services under this Agreement). All documents shall be delivered to the County in the original electronic format. Deliverables which shall be provided by Consultant under this Agreement include: • Field Survey: survey support for design and right of way plans • Drainage: Drainage Design, Storm Water Management Plan, Erosion Control Plan, Final Drainage Report • Right of Way: Development of right-of-way (ROW) Plans, Appraisals, Acquisition and Title Services in accordance with CDOT and FHWA Standards (if approved by the County in writing, the fees of attorneys and/or experts will be in addition to the NTE price). • Geotechnical Investigation: Geotech / Soils Report • Traffic: Collect Traffic Data and Operations Analysis. Evaluate Auxiliary Turn Lane requirements in accordance with the CDOT State Highway Access Code. • Environmental Data and Environmental Clearance: Complete all Environmental Investigation and NEPA Documentation. • Utilities: Perform Utility Coordination including Subsurface Utility Engineering Investigation, Survey all above and below ground utilities, including poles, manholes, valves, pedestals, guy wires, markers, fiber optic lines, telephone lines, gas lines, electric lines, sewer lines, etc. • Permits: 404 Permit for Temporary and Permanent Wetland Impacts, CDOT Special Use Permit, CDOT Access Permit 6 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 • Pavement Design Report • Final Design: Title Sheet, General Notes, Standard Plan List, Detail Sheets, Roadway Design, Typical Sections, Geometry Sheets, Removal Sheets, Plan & Profile Sheets, Cross Sections, Quantities, Signing & Pavement Marking Sheets, Traffic Control Sheets, Erosion Control Sheets. • Construction Specifications and Special Provisions • Project Special Provisions • Construction Estimate • 100% Final Construction Plans Deliverables will not include private utility location services and design of retaining walls. 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. 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 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 E-Mail: atty@eaglecounty.us CONSULTANT: Marcin Engineering Attention: Tony Vazquez 101 Eagle Road #5 P.O. Box 1062 Avon, Colorado 81620 Telephone: 970-748-0274 E-Mail: tony@marcinengineering.com 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. 8 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. C. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer -employee, master -servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county 9 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F0lE48D23 auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours' notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. 1. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. M. Neither party shall be liable or in breach of its obligations under this Agreement to the extent performance of such obligations is delayed or prevented, directly or indirectly, by causes beyond its reasonable control and without its fault or negligence, including acts of God, fire, terrorism, war (declared or undeclared), severe weather conditions, earthquakes, epidemics or pandemics (including but not limited to COVID-19), material shortages, insurrection, any act or omission by any governmental authority, national epidemics or pandemics (including but not limited to COVID — 19), strikes, labor disputes, acts or threats of vandalism or terrorism (including disruption of technology resources), transportation shortages, or vendor's failure to perform (each, an "Excusable Delay"). The delivery or performance date shall be extended for a period equal to the time lost by reason of such delay, including time to overcome the effect of the delay. The Party experiencing Excusable Delay shall use reasonable efforts to continue performance whenever such causes are removed. 16. Prohibitions on Government Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or 10 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 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 County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALL Y LEFT BLANK] 11 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest: DocuSigned by: By: Una. Regina O .M6 ffI the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: FDocuSigned by: GV1r Matt Scherr, Chair 81E7B2D718E0473... CONSULTANT: MARCIN ENGINEERING,LLC DocuSigned by: By:a.,.� 7C1 CABDD80024DF... Print Name: Antonio Vazquez Title: Engineer 12 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F0lE48D23 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 13 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 STANDARD HOURLY RATES Principal $248 per hour Licensed Engineer/Surveyor $150 per hour Project Engineer/Surveyor $132 per hour Design Engineer $108 per hour Senior Survey Technician $108 per hour Survey/Engineering Technician $ 88 per hour Office Technician $ 72 per hour Survey Crew $208 per hour TIME CHARGES Time charges are accrued on an hourly basis, unless other arrangements are established. Minimum time charges of personnel are is 2 hours for weekend work. Billing rates may be increased periodically, after notification to the client. EXPENSES Public transportation, subsistence and out-of-pocket expenses incurred during travel, communications, reproduction and shipping charges will be billed at cost invoiced as an expense service fee.) Expended materials for field and laboratory investigations, rental equipment, consultants, and fees advanced on client's behalf will be billed at cost (invoiced as an expense service fee.) Company or personal vehicles Per IRS Standard Mileage Rate 14 Eagle County Prof Services Final 5/14 C21-284 DocuSign Envelope ID: 1A2D245F-9A21-44B8-92AA-7A9F01E48D23 MARCIN ENGINEERING May 4, 2021 Rickie Davies, PE Senior Staff Engineer, Eagle County Engineering 500 Broadway, PO Box 850 Eagle, CO 81631 970-328-3567 richard.davies@eaglecounty.us RE: Proposal for Professional Civil Engineering and Land Surveying Services Highway 131 & Ute Creek Road Intersection Design Dear Rickie: P21-079 We are pleased to present the following proposal for Professional Civil Engineering and Land Surveying services for the Highway 131 & Ute Creek Road Intersection Design project located in Eagle County, Colorado. The following is a summary of the Scope of Work Marcin Engineering proposes to provide, as well as an estimated fee for each task. Scope of Work• 1. Meetings & Coordination: Marcin Engineering will hold and attend meetings as required between Eagle County, CDOT, other Consultants, and Contractor. Estimated Fee: $6,000 2. Field surveying: A field survey will be conducted by Marcin Engineering to document the existing conditions of the site. The field survey will include all above -ground utilities, underground utilities as marked by private utility locator, topographic information, existing roadway grades, areas of pavement and gravel, and large trees. Information gained during the field survey will be used throughout the design. Note: Fee for private underground utility locator is pending and is not included in this estimate. Estimated Fee: $12,000 3. Geotechnical Investigation & Results: The Geotechnical Engineer will perform a study of the soils present in the project area and prepare a geotechnical/soils report for use in design. Note: Geotechnical Investigation & Results to be provided by Kumar & Associates ("Geotechnical Engineer"). Design of retaining walls is not included in this estimate. Estimated Fee: $12,500 4. Environmental Study & Results: The Environmental Consultant will perform an environmental study of the project area and prepare an Environmental Report for use in design. The investigation and report will include the locations of wetlands within the project area, if present. The Environmental Consultant will assist the County in obtaining all required environmental clearances for the project. Note: Environmental Study & Results to be provided by Smith Environmental ("Environmental Consultant"). Estimated Fee: $24,500 101 Eagle Road #5, PO Box #1062, Avon, Colorado 81620 1 (970) 748-0274 1 www.marcinengineering.com DocuSign Envelope ID: 1A2D245F-9A21-44B8-92AA-7A9F01E48D23 5. Traffic Study & Results: The Transportation Engineer will perform a traffic study of the project area and present the findings and recommendations for re -design of the intersection in a Traffic Report for use in design. Note: Traffic Study & Results to be provided by McDowell Engineering ("Transportation Engineer"). Roundabout design engineer is not included in this estimate, preliminary estimated fee for roundabout design provided by others is $30,000 and is included in an alternate total at the end of this proposal. Estimated Fee: $26,500 6. Right -of -Way Acquisition & Plans: The use of a Right -of -Way (ROW) Consultant will be pursued during the project to perform Right -of -Way acquisition as required for re -construction of the intersection. The Right -of -Way consultant will also assist Marcin Engineering in providing ROW plans, appraisals, and title services in accordance with CDOT and FHWA standards. Note: Fee estimates for this scope of work will be refined after preliminary design. Estimated Fee: $9,500 7. Utilities Engineering & Coordination: Marcin Engineering will meet and coordinate with utility providers throughout the project to determine issues, conflicts, and solutions with respect to utilities (water, sewer, electric, telephone, gas, fiber optic, utility poles, pedestals, guy wires, valves, manholes) in the project area. Note: Offsite utility extensions are not included in this proposal. Estimated Fee: $2,500 8. Permits: Marcin Engineering will assist the County in obtaining the necessary permits for the design and construction of the project, including 404 Permit for Temporary and Permanent Wetland Impacts, CDOT Special Use Permit, and CDOT Access Permit. Estimated Fee: $3,500 9. Pavement Design Report: Marcin Engineering will prepare a Pavement Design Report detailing the methodology behind the chosen pavement material(s) and thickness(es) for the re -design of the intersection. Transportation Engineer and Geotechnical Engineer may assist Marcin Engineering in the preparation of the Pavement Design Report. Estimated Fee: $2,500 10A. Preliminary Acceleration/Deceleration Lane Configuration: Marcin Engineering will prepare a preliminary design for the reconstruction of the intersection based on the installation of full -compliance acceleration and deceleration lanes on CO-131 for the consideration of the County. An engineer's opinion of probable costs (EOPC) for the acceleration/deceleration lane intersection configuration is included in this item. Estimated Fee: $7,200 1013: Preliminary Roundabout Configuration: Marcin Engineering will prepare a preliminary design for the reconstruction of the intersection based on the installation of a roundabout for the consideration of the County. An EOPC for the roundabout intersection configuration is included in this item. Estimated Fee: $7,200 101 Eagle Road, #5, PO Box 1062, Avon, Colorado 81620 1 (970) 748-0274 1 www.marcinengineering.com DocuSign Envelope ID: 1A2D245F-9A21-44B8-92AA-7A9F01E48D23 11. Project Design & Construction Plans: Marcin Engineering will prepare full design and construction plans for the project, based on the chosen intersection configuration after preliminary design (preliminary design will be prepared for two (2) design alternatives and are described below; fees for their development are not included in this item). Once a design layout is chosen, full design of the intersection will be performed, and construction plans will be developed for the installation. Construction plans for the project will include Title Sheet (with General Notes and Standard Plan List), Detail Sheets, Roadway Design, Typical Sections, Geometry Sheets, Removal Sheets, Plan & Profile Sheets, Cross Sections, Quantities, Signing & Pavement Marking Sheets, Traffic Control Sheets, Erosion Control Sheets. If required, Lighting Sheet will also be included. The plans described in this section will be produced to CDOT specifications and in compliance with FIR/FOR processes. Estimated Fee: $44,800 12. Survey Control Sheet: As part of the project design package, Marcin Engineering will produce a Survey Control Sheet for the project depicting horizontal & vertical control points. This item is inclusive of the attendance of all appropriate CDOT survey meeting(s). Estimated Fee: $7,200 13. Drainage Study & Report: Marcin Engineering will perform a drainage study of the site using the Rational Method. The findings of the drainage study will be presented in a Drainage Report for use in stormwater and runoff considerations in final design of the project. Note: An analysis of nearby Alkali Creek is not included in this proposal. Estimated Fee: $4,500 14. Construction Specifications: Marcin Engineering will coordinate with Eagle County to develop project - specific construction specifications for use in bidding and construction of the project. Estimated Fee: $3,500 15. Project Special Provisions: Marcin Engineering will coordinate with Eagle County to develop project special provisions for use in bidding and construction of the project. Estimated Fee: $3,500 16. EOPC: An engineer's opinion of probable costs (EOPC) will be developed for the chosen final design during development of the Construction Plans. The EOPC will be used to produce the CDOT bid tabulation sheet. Estimated Fee: $2,500 Project Total Estimated Fee (incl. roundabout design from Item 5): $209,900 Project Total Estimated Fee (no roundabout design from Item 5): $179,900 *Note: Estimated fee does not include floodplain modeling or private utility locates. Construction phase services are not included in this proposal. 101 Eagle Road, #5, PO Box 1062, Avon, Colorado 81620 1 (970) 748-0274 1 www.marcinengineering.com DocuSign Envelope ID: 1A2D245F-9A21-44B8-92AA-7A9F01E48D23 Compensation You will be billed monthly based on our then current hourly rates. Unforeseen conditions, revisions, changes in scope, or any other work not specifically described in this proposal will be considered an Additional Service and you will be billed based on our then current hourly rates. Agreement Standard Terms and Conditions are part of this proposal and are enclosed for your review. If you would like us to proceed with this work and agree to the Terms and Conditions, please sign on the space provided below and return one copy for our authorization to proceed. Sincerely, MARGIN ENGINEERING, LLC Proposal Accepted By: Tony Vazquez, PE Signature: Title: Date: 101 Eagle Road, #5, PO Box 1062, Avon, Colorado 81620 1 (970) 748-0274 1 www.marcinengineering.com DocuSign Envelope ID: 1A2D245F-9A21-44B8-92AA-7A9F01E48D23 E■■M■■■■■■■■■■■■■Nr■ E■■M■■■■■■■■■■■■■ ■ ■ ■■■■■■■■■■■■■■■■ d■■ ■ M■■M■■■■■■■■■■■■ IF ■ E■■M■■■■■■■■■■■ RP ME E■■M■■■■■■■■■■ M■ ■M■ E■■M■■■■■■■■■■ ■M■ IM■■M■■■■■■■■■■ E■■M■■■■■■■■■■ INCOME ■■■M■■■■■■■■■■ INCOME MMEMENEEMENEEN INCOME INCOME E■■M■■■■■■■■■■ INCOME IE■■M■■■■■■■■■■ E MEM■■■■■■■■■■ INCOME ENEMEMEMENEENE INCOME L INCOME E MEM■■■■■■■■ O". 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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 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). PRODUCER B-W AGENCY, LLC CONTACT NAME: Kim Steffen PHOAICNE 303)730 0044 AIC No): (303)730 0956 E-MAIL ADDRESS: kas@b-W-inS.com 7790 E ARAPAHOE ROAD, #240 CENTENNIAL, CO 80112 INSURERS AFFORDING COVERAGE NAIC # INSURERA: USG INSURANCE SERVICES INC. INSURED INSURER@: PROGRESSIVE INSURANCE 1 770 INSURERC: RISK PLACEMENT SERVICES - SALT LAKE UT MARCIN ENGINEERING, LLC INSURER D : PO BOX 1062 INSURER E: AVON, CO 81620 INSURER F : COVERAGES CERTIFICATE NUMBER: 00000086-2003340 REVISION NUMBER: 77 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. fNSR LTR TYPE OF INSURANCE ADDL NSD SUER WV POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y RE21025368 07/2812021 07/28/2022 EACH OCCURRENCE $ 11000,000 CLAIMS -MADE I F�wl I OCCUR DAMAGE To ENTE PREM SES Ea occcur ence $ 200,000 MED EXP (Any one person) $ 16,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ JEa LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y 04702098-7 09/18/2020 09/18/2021 COa a�ccl,,.MINGLE LIMIT $ 1 000 000 BODI LY I NJURY(Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY $ UMBRELLA LiAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER__, ,_______ ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE- EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 1 $ C PROFESSIONAL LIAB. LHR839676 02/28/2021 02/28/2022 LIABILITY 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EAGLE COUNTY, ITS ASSOCIATED OR AFFILIATED ENTITIES, ITS SUCCESSORS AND ASSIGNS, ELECTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO THE ABOVE GENERAL LIABILITY AND AUTO LIABILITY POLICIES. PRIMARY AND NON-CONTRIBUTORY WORDING IS INCLUDED ON THE GENERAL LIABILITY POLICY. A WAIVER OF SUBROGATION IS INCLUDED ON THE GENERAL LIABILITY AND AUTO LIABILITY POLICIES. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EAGLE COUNTY, COLORADO THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELIVERED IN 500 BROADWAY ACCORDANCE WITH 7 POLICY PROVISIONS. PO OFFICE BOX 850 EAGLE, CO 81631 AUT4REPRESETIVEL= (KAs) -2015 AC RD RATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are ref ACORD Printed by K on August 04, 2021 at 04:32PM C21-284 DocuSign Envelope ID: lA2D245F-9A21-44B8-92AA-7A9F01E48D23 DATE (MMtDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 1 08/04/2021 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, 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). PRODUCER Pinnacol Assurance 7501 E. Lowry Blvd. Denver, CO 80230-7006 INSURED Marcin Engineering LLC 101 Eagle Rd #5 Avon, CO 81620 INSURER A: Pinnacol Assurance INSURER B : INSURER C : INSURER D : COVERAGE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: __NAIC # 41190 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANGE ADDL SUBRI POLICY NUMBER POLICY EFF MMfDD POLICY EXP -- -MM/DD ! LIMITS TY AL RCI COMMEAL GENERAL LIABILITY _ _ ; I i I EACH OCCURRENCE � ----r-- S $ _ CLAIMS -MADE ',! OCCUR � I i ;DAMAGE 7C7 RE!lTED i PREMISES (Ea occurrence) $ E t MED EXP (Any one person)P I j PERSONAL & ADV INJURY $ $r � GEN'L AGGREGATE LIMIT APPLIES PER. � i 1 ;GENERAL POLICY E '— j LOC i I ff PRODUCTS - CDMP(OP AGG ; _ $ $ OTHER: ! AUTOMOBILE LIABILITY i raMait1D SINGLE LIMIT j $ 1 ANY AUTO j r j BODILY INJURY (Per person) i i $ t----{ r--- OiM.IED : • SCHEDULED AUTOS ONLY ; AUTOS HIRED NON -OWNED i C i----------.. BODILY INJURY (Per accident) PROPERTY DAMAGE .---.. $ $------ , _ AUTOS ONLY AUTOS ONLY j � � I i tPer accident) � `g i ^ UMBRELLA LIAB II OCCUR EACH OCCURRENCE,____ _ I EXCESS LIAB CLAIMS-MADE i I I i j AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION X PER 1 1 OTHSTATUTES — --�— AND EMPLOYERS' LIABILITY A ANYPROPRiETORiPARTNERIEXECUTIVE YIN i 12/01/2020 , i ER 12/01/2021 > E.L EACH ACCIDENT I $ 1,000,000 !'1 i OFFICERWEMBEREXCLUDED? N 1 A � 4006604 ( ' - - - - - -- '(Mandatory+InNH) � � j � r E.L. DISEASE EA EMPLOYEE -I--- 1,000,000 ------ - - _.._ if yes, desenbe under DESCRIPTION OF OPERATIONS below 1 ( V I E.L. DISEASE POLICY LIMIT 1 $ 1,000,000 {I DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mope space is required) Unless otherwise stated in the policy provisions, coverage in Colorado only. wl=rc I It-IteA 2193230 EAGLE COUNTY, COLORADO 500 BROADWAY PO BOX 850 EAGLE, CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE B-W Agency LLC 01999-2015 ACORD CORPORATION_ All rinhte resiervad ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD C211-�284 ACORDs provided by Forms Boss, www.FormsBoss:com, (c) Impressive Publishing 800-208-1977 DocuSign Envelope ID: 1A2D245F-9A21-44B8-92AA-7A9F01E48D23 CERTIFICATE HOLDER COPY EAGLE COUNTY, COLORADO 500 BROADWAY PO BOX 850 EAGLE, CO 81631 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT (CONT) C21-284 DocuSign Envelope ID: 1A2D245F-9A21-44B8-92AA-7A9F01E48D23 Marcin Engineering LLC PO Box 1062 Avon, CO 81620 ENDORSEMENT: Waiver Of Subrogation 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com NCCI #: WC000313 Policy #: 4006604 B-W Agency LLC 7790 E. Arapahoe Road #240 Centennial, CO 80112 (303) 730-0044 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE EAGLE COUNTY, COLORADO 500 BROADWAY PO BOX 850 EAGLE, CO 81631 Effective Date: August 4, 2021 Pinnacol Assurance has issued this endorsement August 4, 2021 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 3 P kas@b-w-ins.com - 08/04/2021 16:38:19 4006604 58276579 UW137 C21-284