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HomeMy WebLinkAboutC23-154 Schmueser Gordon Meyer dba SGM AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND SCHMUESER GORDON MEYER, INC., D/B/A SGM THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Schmueser Gordon Meyer, Inc., d/b/a as SGM, a Colorado Corporation (hereinafter “Consultant” or “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County’s Open Space and Natural Resources Department is seeking professional engineering and design services for a trail segment crossing a road and irrigated field (the “Project”) on the Brush Creek Valley Ranch and Open Space (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 October 31, 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: 58E370B1-F901-4883-AAA7-649BC23B8736 5/2/2023 2 Eagle County Prof Services Final 2. County’s Representative. The Open Space and Natural Resource 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 31st of October, 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 $43,000.00. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by 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: 58E370B1-F901-4883-AAA7-649BC23B8736 3 Eagle County Prof Services Final 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: 58E370B1-F901-4883-AAA7-649BC23B8736 4 Eagle County Prof Services Final 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: 58E370B1-F901-4883-AAA7-649BC23B8736 5 Eagle County Prof Services Final 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, or 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, or 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 monies paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents, or employees against any losses, claims, damages, or liabilities for which County may become subject to insofar as any such losses, claims, damages, or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal, or 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: 58E370B1-F901-4883-AAA7-649BC23B8736 6 Eagle County Prof Services Final COUNTY: Eagle County, Colorado Attention: Phil Kirkman 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8701 E-Mail: phillip.kirkman@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: SCHMUSESER GORDON MEYER, INC. dba SGM Attention: Deron Dircksen, Senior Engineer 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 email: derond@sgm-inc.com Telephone: 303-903-0717 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, DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 7 Eagle County Prof Services Final 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. 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. DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 8 Eagle County Prof Services Final 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 and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 9 Eagle County Prof Services Final 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: 58E370B1-F901-4883-AAA7-649BC23B8736 10 Eagle County Prof Services Final 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 SCHMUESER GORDON MEYER, INC., D/B/A AS SGM By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 Deron Dircksen Senior Engineer 1 11 Eagle County Prof Services Final EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 ___________________________________________________________________________________ _________www.sgm-inc.com March 14,2023 Phil Kirkman Eagle County -Senior Open Space Specialist and Ranger Phillip.kirkman@eaglecounty.us 970-328-8701 RE:Open Space Trail Project –Adam’s Way Connector –Civil Engineering Proposal Dear Phil: Thank you for contacting SGM and your time so that we were better able to understand your project needs.As requested,we are providing this proposal for Civil Engineering services for the Eagle County Open Space Trail Project –Adam’s Way Connector in Eagle County,Colorado.This project is located on Eagle County Open Space at 4381 Brush Creek Road.The project will connect Adam’s Way single track trail to your main parking lot on Brush Creek Road. SGM would like to complete a portion of this Adam’s Way Connector Design and Engineering on our time due to it being associated with Adam Palmer.SGM understands the importance of Adam in our community and the impact he made.SGM will discount $1,000 from the Design and Engineering portion of this project. The purpose of this letter is to address the scope of work and estimated fees to provide Civil Engineering support for the Eagle County review and approval.SGM will meet all Eagle County Code requirements for trail design.This proposal is based on our conversations,site visit,and provided exhibits with trail alignments.Per the provided information,the trail will be approximately 2,500 linear feet starting from the Brush Creek Trailhead parking lot,cross Brush Creek Road,up the driveway,all the way until it hits the light blue line,and then to the red line. DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 Our estimate is based upon a single iteration of the design development for your provided site plan. SGM proposes to work on a time and materials basis and bill only the actual hours necessary to complete the application (rather than lump sum).Our invoices include phase and tasks codes with notes that will allow you to understand what aspects we have spent time on.Below are specific categories and tasks to help break down the estimated fees we envision.This is a budgetary estimate. Our goal is to perform well in a reasonable submission timeframe and be considered as the engineer of choice on future projects that you may have in the area.Totals listed below include SGM QA/QC for all deliverables. It is anticipated SGM can begin work in March and design through the Spring to meet your 2023 construction schedule.SGM anticipates design can proceed with Eagle County 2-foot contours,then survey can be completed once snow melts. Project Management &Meetings SGM’s Project Management will consist of meetings,site visit,internal coordination,county coordination,and quality assurance and quality control (QA/QC).Meetings with owner will be at a minimum at kick-off,preliminary design (30%),and final design,but with the tight schedule,bi-weekly meetings may be preferable.SGM will also have internal coordination with surveyors,environmental, engineering,etc.with milestones at 30%,90%,and final Design.These milestones will submit engineering plans to you for use for county approval. Bid specifications and most construction administration have not been included in this proposal. Project Management T&M Estimated Cost:$3,352 Survey SGM will set up LiDAR basemap and review with engineer,2-man crew is expected to be one long 12- hour day,one day of office drafting of topography and drafting basemap,and license surveyor review and project management.SGM will provide existing conditions survey which will include information such as topography,planimetric,visible utilities,property lines and easements per information provided by the client.This information will be used for the proposed site design. For efficiency,this survey estimate considers: 1.Owner call 811 for utility locates and that all existing utilities get located. Survey T&M Estimated Cost:$4,580 Design and Engineering SGM will provide the following CAD design engineering services in support of the Application.The Construction Drawings will be signed and stamped by a Professional Engineer to be submitted to you for your use for Eagle County’s review and approval.The set will probably include the following sheets: •Cover •General Notes and Project Specifications •Legend and Abbreviations •Existing Conditions (provided by SGM surveyors) •Site Plan •Grading and Drainage Plan •Plan and Profile (2-4 sheets) •Erosion Control Plan –(SWMP needed for over 1 acre disturbance) •Erosion Control Details •Site Details (Trail sections x2,culvert,signs,etc.) It is currently assumed the site will be a straightforward design and sheets such as Geometry Plan, DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 Storm Drain Profiles,etc.will not been needed. Design and Engineering T&M Estimated Cost:$19,988 -$1,000 =$18,988 Site Distance Evaluation SGM will evaluate Brush Creek Road site distance for pedestrian safety.Due to the existing parking lot on the eastern side of Brush Creek Road and the proposed trail starting on the west side of Brush Creek Road,pedestrians will need to cross in a safe manner.This will include a few hours of CAD work and a couple hours of transportation engineering.SGM will look at the site distance during the site visit to help save time and money. Site Distance Evaluation T&M Estimated Cost:$904 Environmental SGM will provide wetland delineation services and Clean Water Act (CWA)Section 404 permitting for the project,as well as associated federal regulatory compliance needs including Endangered Species Act and National Historic Preservation Act.SGM provided similar services for the Brush Creek Trailhead project in 2019,and our staff is very familiar with conditions at the site.Our expectation is that construction of the trail will involve minor amounts of fill in wetlands and Waters of the U.S.as the alignment crosses the Brush Creek floodplain and/or the McKenzie Ditch.Impacts of this nature are readily authorized under Nationwide Permit 42 for Recreational Facilities.We propose to include the entire area of Options A,B,and C in our wetland delineation to provide maximum flexibility in selecting the best alignment from a design perspective.Adding the additional acreage does not significantly change our costs.Note that if our wetland delineation determines that no wetland impacts would occur, no application to the Army Corps or further coordination would be necessary,and our T&M billings would reflect that reduced scope. As a federal action,the issuance of a Nationwide Permit requires a review for compliance with other applicable federal laws,specifically including: •Endangered Species Act:Our review of the project area does not indicate a significant potential for impacts to endangered species.Our permit application will include a write-up addressing ESA compliance.Please note,it is unlikely but possible that US Fish and Wildlife would request surveys for the Threatened Ute ladies’-tresses orchid,depending on the habitat conditions found during our wetland investigation.Our scope and estimate does not include high-intensity surveys for this species,but we can provide this service if required under a change order. Surveys would be conducted in July of 2023,during the blooming season for the orchid. •National Historic Preservation Act:A Class III pedestrian survey for cultural resources will be required as a component of this project,given the presence of potentially-historic features within the proposed alignment (old irrigation infrastructure incl.the McKenzie Ditch).The survey and reporting would be completed by our licensed subcontractor,Alpine Archaeological Consultants. The Army Corps would conduct consultation with the State Historic Preservation Office (SHPO) if necessary. The proposed schedule for environmental work would be to complete the wetland delineation and cultural resource survey as soon as weather conditions allow in spring 2023 (estimated in April).Our delineation findings and mapping would be provided to the design team to inform design parameters, as necessary.As soon as a final alignment is chosen and ~60%plans are available,we will prepare and submit a Nationwide Permit application and preconstruction notification to the Army Corps,on behalf of the County.Typical review time for applications of this nature is 45-60 days,therefore we expect to be able to provide authorization for construction by fall of 2023.In the unlikely event that surveys for Ute ladies’-tresses orchid are required,we still expect to be able to meet this deadline by completing that task during summer 2023. DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 Environmental T&M Estimated Cost:$7,216 +Cultural $7,951 =$15,167 Total Time and Materials Estimated Total:$43,991 -$1,000 =$42,991 Deliverables: •Construction Drawings signed and stamped by a Professional Engineer in electronic format to be submitted to you for Eagle County’s review and approval. •Brush Creek Road Pedestrian Crossing Analysis Memo •Army Corps CWA Section 404 Nationwide Permit Application and Verification Our design team will include Tyson Sillery in design,myself as project manager and engineer,and Principal Dan Cokley providing quality control and Transportation Engineering. Additionally,SGM will work with Eagle County to address the following questions: 1.We have two primary trail options,which one should we pursue?How do we figure that out? 2.We need to design for hayfield operations and trails to exist together.Must consider flood irrigation, (design ditches),and equipment must be able to cross the trail. 3.Hay Fields are wet,the trail probably needs to be elevated.Consider the cost for both options,and the associated costs with fencing (cattle out,gates,etc.),ditches to decide which option is best. All work and other direct costs will be billed monthly according to the attached 2023 Fee Schedule.I have attached our standard Letter Agreement for Professional Services.If you find these terms acceptable,please fill in appropriate billing/contact information (name,billing address,phone number and email address),sign a copy and return it to me (retaining a copy for their files). Exclusions To be transparent while providing the work described in this scope,the following items are listed as being excluded from this proposal.SGM has a wide range of expertise in engineering,surveying,etc. so these items can be provided for an additional fee.These are noted below as it appears they are either unnecessary at this time or being otherwise provided through your coordination. Existing Utility locates Storm Drainage Analysis Cultural Structural engineering for retaining walls Impervious paver design Geotechnical engineering Estimate does not include any meetings with the county Bid Specifications (contract,insurance,etc.),pre-bid meeting,construction administration,or construction site visits Thank you for the opportunity to provide these services.Please feel free to contact me if I may provide further information or detail. Sincerely, DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 SGM Deron J.Dircksen,PE Senior Engineer I derond@sgm-inc.com 303-903-0717 CC:Dan Cokley GLENWOOD SPRINGS 118 West Sixth St,Suite 200 |Glenwood Springs,CO 81601 | 970.945.1004 _____________________________________________________________________________________ _______www.sgm-inc.com DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 12 Eagle County Prof Services Final EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD 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) 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 EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY 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 LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) 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 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.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/20/2023 (303) 590-9585 (303) 762-1733 25674 Schmueser Gordon Meyer, Inc. dba SGM Inc. 118 West 6th Street, Suite 200 Glenwood Springs, CO 81601 41190 A 2,000,000 X X 6809H736866 5/1/2022 5/1/2023 1,000,000 $14M Per Proj Agg Ca 10,000 2,000,000 4,000,000 4,000,000 1,000,000A X X BA7R216206 5/1/2022 5/1/2023 5,000,000A CUP7525X138 5/1/2022 5/1/2023 5,000,000 10,000 B 4182378 5/1/2022 5/1/2023 1,000,000 N 1,000,000 1,000,000 A Prof Liability 107197700 12/31/2022 Per Claim/Aggregate 2,000,000 C Aviation SIHL1-L109 5/1/2022 5/1/2023 Per Occurrence 2,000,000 Project: Adam's Way Connector Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are named as additional insureds with respect to general liability for ongoing operations as required by written contract, and auto liability as required by written contract. General Liability coverage is primary & non-contributory as required by written contract. Waiver of Subrogation applies on General & Auto Liability as required by written contract. 30 Days' Notice of Cancellation for other than non-payment of premium applies to General Liability as required by written contract. Eagle County ECO Trails Department PO Box 1070 Gypsum, CO 81637 SGMINC0-01 SARAHT Mountain West Insurance - Glenwood 201 Centennial St 4th Floor Glenwood Springs, CO 81601 Sarah Forsberg Tripp sarahf@mtnwst.com Travelers Property Casualty Company of America Pinnacol Assurance USAIG XX 12/31/2023 X X X X X X X X DocuSign Envelope ID: 58E370B1-F901-4883-AAA7-649BC23B8736