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HomeMy WebLinkAboutC23-039 Kumar and Associates AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND KUMAR AND ASSOCIATES, INC. THIS AGREEMENT (“Agreement”) is effective as of _________________by and between Kumar and Associates, Inc. a Colorado corporation (hereinafter “Consultant) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County desires to engage a consultant to perform a Phase 1 Environmental Site Assessment for the West Eagle Affordable Housing project (the “Project”) to be constructed on the estimated 9.5 acres owned by the County and the Eagle County Housing and Development Authority at 712 Castle Drive, Eagle, Colorado. (the “Property”); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than February 28, 2023 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 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. DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 2/7/2023 2 Eagle County Prof Services Final 8/15/2022 2. County’s Representative. The Resiliency Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 28th of February, 2023. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $4,200. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall 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. DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 3 Eagle County Prof Services Final 8/15/2022 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 obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to 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 DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 4 Eagle County Prof Services Final 8/15/2022 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. 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. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 5 Eagle County Prof Services Final 8/15/2022 ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any negligent performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). 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 transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 6 Eagle County Prof Services Final 8/15/2022 COUNTY: Eagle County, Colorado Attention: Tori Franks 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8775 E-Mail: tori.franks@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONSULTANT: Kumar & Associates, Inc Nancy Otterstrom 2390 South Lipan Street Denver, Colorado 80223 Telephone: 303-742-9700 E-mail: notterstrom@kumarusa.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. DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 7 Eagle County Prof Services Final 8/15/2022 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture 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. DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 8 Eagle County Prof Services Final 8/15/2022 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 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. 16. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 9 Eagle County Prof Services Final 8/15/2022 and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 10 Eagle County Prof Services Final 8/15/2022 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 CONSULTANT Kumar and Associates, Inc. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 President James Noll 11 Eagle County Prof Services Final 8/15/2022 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES K+A shall perform a Phase I Environmental Site Assessment (ESA) of the 9.5 acres of property located at 712 Castle Drive, Eagle, Colorado, County Assessor Parcel identification numbers 2109- 051-00-028, 2109-051-21-001, 2109-051-21-003, 2109-051-21-004, 2109-051-21-005, and 2109-052-05-013. The scope of work for the Phase 1 ESA will be conducted consistent with all the procedures included in 40 CFR Part 312- United States Environmental Protection Agency (EPA) – All Appropriate Inquiries Final Rule (AAI) and ASTM E1527- 13 Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessments Process. 1. Review the history of site usage, including readily-available property records, historical property maps, aerial photographs, and local street directories. K+A will not engage a title professional to undertake a review of land title records and environmental liens currently recorded against the property. If records are provided to K+A, a review of the documentation will be included in the report. K+A will rely on the client to provide information concerning environmental liens or activity and use limitations. 2. Review reasonably obtainable records from federal, state, and local agencies concerning generation, storage, treatment, and disposal of hazardous substances or petroleum products at the site and on adjoining and nearby properties. K+A will also contact applicable government officials and others to inquire about records of possible spills or other activities that may have resulted in recognized environmental conditions. 3. Conduct a site visit to observe the property, on-site structures, and adjacent land for current uses and indications of storage or spills of hazardous materials or petroleum products. 4. Prepare a written report documenting the findings and identifying any recognized environmental conditions. K+A will discuss with the client recommendations that can be provided in the report if recognized environmental conditions are identified. The final report will be submitted within three to four weeks of execution of this Agreement. DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 12 Eagle County Prof Services Final 8/15/2022 PROFESSIONAL SERVICES FEE SCHEDULE ENGINEERING, ENVIRONMENTAL AND FIELD TECHNICAL SERVICES Principal .....................................................................................................................$190.00 - $230.00/hr. Senior Project Engineer/Geologist/Manager...............................................................$140.00 - $195.00/hr. Project Engineer/Geologist/Scientist...........................................................................$110.00 - $140.00/hr. Staff Engineer/Geologist/Scientist ...............................................................................$85.00 - $110.00/hr. Project Supervisor .....................................................................................................$100.00 - $140.00/hr. Construction Inspector I ..............................................................................................$70.00 - $80.00/hr. Construction Inspector II..............................................................................................$80.00 - $100.00/hr. Environmental Specialist/Scientist...............................................................................$90.00 - $135.00/hr. Environmental Field Technician/Geologist ...................................................................$85.00 - $95.00/hr. Safety Professional......................................................................................................$110.00 - $125.00/hr. Project Administrator ..........................................................................................$110.00 - $130.00/hr. Staff Administrator.........................................................................................................$70.00 - $80.00/hr. Exploration Field Engineer/Technician/Geologist .......................................................$75.00 - $100.00/hr. Construction Materials Testing Technicians: ▪ Field Observation...................................................................................$65.00 - $75.00/hr. ▪ Concrete.....................................................................................................................$53.00 - $63.00/hr. ▪ Soils, Reinforcing Steel, Asphalt..................................................................................$55.00 - $65.00/hr. ▪ Piers, Masonry...............................................................................................................$62.00 - $72.00/hr. ▪Fireproofing....................................................................................................................$75.00 - $85.00/hr. ▪ Post-Tensioning............................................................................................................$55.00 - $70.00/hr. ▪ Floor Flatness ..............................................................................................................$80.00 - $90.00/hr. ▪ Structural Steel ............................................................................................................$80.00 - $90.00/hr. ▪ UL Fire Stop Inspection .....................................................................................................Call for Pricing Laboratory Technician/Sample Preparation ..................................................................$45.00 - $55.00/hr. Word Processing .............................................................................................................$55.00 - $70.00/hr. Drafting..........................................................................................................................$80.00 - $100.00/hr. Litigation/Expert Witness/Deposition ........................................................................$175.00 - $350.00/hr. OTHER DIRECT CHARGES Out of Town Expenses, Travel, Rental Etc.................................................................................. Cost + 15% SUBSURFACE EXPLORATION, SAMPLING, MONITORING WELL INSTALLATION Exploration Subcontractor Subconsultant's (4-Inch Solid Auger, Hollow Stem Auger, Rotary and Diamond Core Drilling, Exploratory Pit Excavation, ATV Drill Rig, Geophysical Exploration, Specialty Sampling, etc.) ................................. Cost + 15% Materials/Equipment Rental/Outsourced Laboratory Testing/Subconsultants..................................................................................................... Cost + 15% Falling Weight Deflectometer (Includes Operator).........................................................$250.00/hr. Concrete/Asphalt Coring.........................................................................................................$100.00/hr. Photoionization Detector ....................................................................$100.00/Day DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 13 Eagle County Prof Services Final 8/15/2022 LEL/CO/H2S/O2 Meter .............................................................................................................$100.00/Day Conductivity, Temperature, pH Tester........................................................................................$25.00/Day Personal Protective Equipment ....................................................................Rates Quoted on Project Basis LABORATORY TESTING Soils Moisture Content (ASTM D2216) .....................................................................................$10.00 ea. Moisture Content & Density (ASTM D2216) ................................................................................$15.00 ea. Gradation (ASTM D6913)..............................................................................................................$90.00 ea. Hydrometer (ASTM D7928)............................................................................................................$95.00 ea. Double Hydrometer (ASTM D4221)............................................................................................$230.00 ea. Percent Less than #200 Sieve (ASTM D1140)................................................................................$35.00 ea. Atterberg Limits (ASTM D4318) Method A ...................................................................................$80.00 ea. Atterberg Limits (ASTM D4318) Method B ..............................................................................$55.00 ea. Standard Proctor (ASTM D698)....................................................................................................$120.00 ea. Modified Proctor (ASTM D1557)..................................................................................................$135.00 ea. Soil/Cement Proctor (ASTM D558)...........................................................................................$145.00 ea. Proctor Checkpoint (ASTM D698 or ASTM D1557)..................................................................$55.00 ea. Relative Density (ASTM D4253 and ASTM D4254) .....................................................................$185.00 ea. Specific Gravity (ASTM D854)........................................................................................................$95.00 ea. Standard Swell-Consolidation (ASTM D4546)................................................................................$85.00 ea. Air-Dried Swell-Consolidation (ASTM D4546)...............................................................................$95.00 ea. Remolded Swell-Consolidation (ASTM D4546)............................................................................$125.00 ea. Time/Consolidation (ASTM D2435).......................................................................................$330.00 ea. Unconfined Compressive Strength (ASTM D2166) ......................................................................$80.00 ea. Slake Durability (ASTM D4644)..................................................................................................$105.00 ea. Pinhole Dispersion (ASTM D4647)...............................................................................................$155.00 ea. Crumb Test (ASTM D6575)............................................................................................................$55.00 ea. Water Soluble Sulfates (AASHTO T290, CP-L 2103).......................................................................$50.00 ea. pH (ASTM E70) ..............................................................................................................................$50.00 ea. Chloride (AASHTO T291, CP-L 2104)..............................................................................................$50.00 ea. Re-Dox (ASTM D1498) ...........................................................................................................$50.00 ea. Sulfides (Hach Procedure) ...........................................................................................................$50.00 ea. Electrical Resistivity (ASTM G57).................................................................................................$150.00 ea. Organics (AASHTO T267)................................................................................................................$75.00 ea. R-Value (ASTM D2844).................................................................................................................$355.00 ea. California Bearing Ratio (ASTM D1883) 1-Pt. ..............................................................................$150.00 ea. California Bearing Ratio (ASTM D1883) 3-Pt. ...........................................................................$400.00 ea. Soil/Lime, Soil/Cement Mix Analysis .....................................................................................Call for Pricing Freeze/Thaw (ASTM D560).......................................................................................................$400.00 ea. Wet/Dry (ASTM D559).............................................................................................................$400.00 ea. Compressive Strength of Soil-Cement (ASTM D1633....................................................................$75.00 ea. DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 14 Eagle County Prof Services Final 8/15/2022 Direct Shear/per point (ASTM D3080) Unconsolidated-Undrained (Quick Test)........................$150.00 ea. Residual Strength, Additional Per Carriage Reversal.....................................................................$50.00 ea. Drained Tests Quoted on Project-Specific Basis DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 15 Eagle County Prof Services Final 8/15/2022 EXHIBIT B Insurance Certificate DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Valley Forge Insurance Company Continental Insurance Company Pinnacol Assurance Company Pacific Insurance Company 1/30/2023 USI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 800 873-8500 den.certificate@usi.com Kumar and Associates, Inc. 2390 S. Lipan Street Denver, CO 80223 20508 35289 41190 37338 A X X X X X 7036291559 01/01/2023 01/01/2024 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 B X X X 0 X X 7036291562 01/01/2023 01/01/2024 9,000,000 9,000,000 C N X 4206632 01/01/2023 01/01/2024 X 1,000,000 1,000,000 1,000,000 D Professional Liab incl. Pollution Claims Made X 83OH049429623 01/01/2023 01/01/2024 $2,000,000 per claim $4,000,000 annl aggr. 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 and Additional Insureds 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 and Umbrella/Excess (See Attached Descriptions) Eagle County Government 25 Mill Loft, Suite 200 Edwards, CO 81632 1 of 2 #S38887880/M38456042 KUMARASCClient#: 1082665 JXIZP 1 of 2 #S38887880/M38456042 DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076 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 1/30/2023 The Buckner Company of Colorado,LLC 6400 South Fiddlers Green Circle Suite 950 Greenwood Village CO 80111 Heather Wilt 303-756-9909 303-756-8818 denver@buckner.com Secura Insurance Companies 22543 1081 Kumar &Associates Inc 2390 S Lipan St Denver CO 80223 1706642061 A 1,000,000 X X X X COMP $250 X COLL $1,000 Y Y A3231215 1/1/2023 1/1/2024 Certificate holder is Additional Insured with Waiver of Subrogation per blanket Auto Liability form CAE 0131 1508. P-23-129 nmo Proposed West Eagle Housing Development Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers are to be named as additional insured Eagle County Government 25 Mill Loft,Suite 200 Edwards CO 81632 DocuSign Envelope ID: BF17C4CB-E6FB-4DC5-A7C3-C6DC0536E076