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HomeMy WebLinkAboutC23-214 SGM AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND SGM, Inc. THIS AGREEMENT (“Agreement”) is effective as _________________ by and between SGM, Inc. an engineering services firm (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Eagle County is developing final engineering plans for the Lake Creek Village bus terminal (the “Project”) at the Lake Creek Village Apartments located at 4923 Lake Creek Village Dr, Edwards, CO 81632 (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 November 14, 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 6/28/2023 2 Eagle County Prof Services Final 8/15/2022 2. County’s Representative. The ECO Transit 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 December, 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 $190,381. 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 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 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 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 6 Eagle County Prof Services Final 8/15/2022 COUNTY: Eagle County, Colorado Attention: Sage Thornbrugh 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-763-4139 E-Mail: sage.thornbrugh@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: SGM, Inc. Attn: Deron Dircksen 111 W 6th St, Suite 200 Glenwood Springs, CO 81601 Telephone: 970-384-9012 E-Mail: derond@sgm-inc.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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 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 SGM, Inc. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 Deron Dircksen Senior Engineer 1 11 Eagle County Prof Services Final 8/15/2022 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 PROPOSAL – ECO TRANSIT (Eagle County) Lake Creek Village Transit Hub Design p | 11 Schedule The schedule we have shown below is based upon the project scope and the dates specified in the RFP. Completed Construction Documents are due November 2023. Based on an assumed Notice-to- Proceed date of June 27th, the table shows the intermediate milestones. During the design duration, the design schedule will be updated as needed to ensure the project is on time. Although SGM is willing to meet the presented schedule, it is our experience in Eagle Valley that contractors are typically not ready to bid on projects until the November – early December timeframe. Extending the schedule 2 – 4 weeks would accomplish ECO’s goals of an early fall bid period for 2024 construction. Budget / Pricing and Scope of Work SGM’s design fee is based on the RFP, addendums, experience with similar projects, and familiarity with ECO Transit and Eagle County. Overall, our proposed fee reflects SGM’s full understanding of your needs and all the elements necessary to complete this project, the scope of which is shown in the exhibit provided below. Task Timeframe Notice to Proceed June 27 Project kickoff / Design Scoping meeting 2 weeks from NTP Field Investigations (Utility, Survey, Environmental, and Geotechnical) 9 weeks from NTP 30% Design 12 weeks from NTP 30% design submittal 14 weeks from NTP 100% Design 18 weeks from NTP Construction Document package submittal 20 weeks from NTP DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 PROPOSAL – ECO TRANSIT (Eagle County) Lake Creek Village Transit Hub Design p | 12 The scope of work includes the features shown on the exhibit above; proposed bus pullout area, charging stations, bus shelter (no water/sewer), sidewalk, park and ride / LCV parking lot, boat launch trailer turnaround, and the realignment/reconstruction of Lake Creek Village Drive adjacent to these improvements (~850 ft). Additional scope detail is provided below for the specific disciplines required for this project. Field Survey and ROW acquisition - SGM will provide: • Existing conditions mapping of the project area to include necessary level of detail for project design. Property lines and existing easements of record in the project area will be defined. This proposal includes up to 1 temporary construction easement and 1 permanent easement creation for each of the 3 potentially affected properties. Geotechnical Investigation – GROUND Engineering will provide: • Drill 5 test holes at locations to be determined in the field by GROUND to evaluate the subsurface profile and to obtain earth material samples for laboratory testing. Of these, 4 test holes will be drilled within the proposed pavement areas and 1 test hole will be drilled within the approximate proposed bus shelter footprint. • Conduct a laboratory testing program to evaluate relevant engineering characteristics of the materials at the site. • Analyze the results of the field and laboratory studies to develop geotechnical parameters for bus shelter foundations, floor systems, site grading/earthwork operations, excavation conditions, utility lateral installation, lateral earth pressures, water-soluble sulfate content, soil corrosivity, and private pavements sections. • Prepare a report summarizing the data obtained and present our recommendations for the design of pavement and building structures. DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 PROPOSAL – ECO TRANSIT (Eagle County) Lake Creek Village Transit Hub Design p | 13 Environmental Investigation – SGM will provide: • Coordinate field surveys and permit preparation with the engineering team and cultural resource subconsultant. • Conduct a wetland delineation and prepare a report in accordance with the 1987 US Army Corps of Engineers Wetland Delineation Manual, and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains. Per Army Corps policy, wetland delineations are typically completed during the growing season and without snow cover. • If it is determined that a US Army Corps of Engineers Clean Water Act permit is necessary, SGM will partner with Alpine Archaeology in order to complete survey work in compliance with Section 106 of the National Historic Preservation Act (NHPA). The inventory will be completed under Alpine Archaeology’s State of Colorado permit according to standards and procedures defined by the Colorado Office of Archaeology and Historic Preservation (OAHP/SHPO). The cultural resource investigations will follow the typical sequence of studies conducted for Section 106 compliance including files search and literature review, field inventory, and reporting. Cultural resource investigation by Alpine Archeology. • If the proposed project would impact jurisdictional wetlands or waters, SGM will prepare a Nationwide Permit 14 application for Linear Transportation Projects. The permit application will include the US Army Corps’ Pre-Construction Notification (PCN) documentation. This scope assumes wetland impacts would be less than 1/10 of an acre avoiding the need for wetland mitigation, no cultural resource impacts, and no impacts to state or federal endangered species. Utility Investigation – SGM staff will provide: • Utility research, coordination, and locations of above and below-ground utilities. • Subsurface Utility Engineering (SUE). The design anticipates SUE investigation will be required. There are existing shallow and deep utilities within the Lake Creek Village Drive corridor, and it is anticipated that there will be storm drain piping improvements within the roadway, bus pullout, and parking areas that may cross those existing utilities. • If the drainage design is able to direct water quality and storm piping improvements toward the Eagle River, the project should have limited potential for utility conflicts for improvements south of Lake Creek Village Drive. Limiting potential conflicts within the Lake Creek Village Drive relocation design will also be a design goal. Limiting the potential conflict locations in the 30% design update will serve to reduce the SUE QLA scope of work. SGM will plan to coordinate with ECO Transit throughout the design process to limit and reduce the assumed scope of the SUE work. • The scope of work assumes two days of SUE field investigation (QL B/A), and 10 utility test holes, including traffic control and subcontracted hydrovac for the test holes. This scope will be used as needed based on potential conflicts identified at 30% design. • The scope of work includes providing CDOT format Utility Conflict Matrix, Owner Clearance Letters, and Utility Project Special Provision as directed in addendum question #18. Electrical Design – SGM staff will provide: DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 PROPOSAL – ECO TRANSIT (Eagle County) Lake Creek Village Transit Hub Design p | 14 • Electrical consulting to determine what infrastructure will be required to support a maximum of 2 future DC fast charging stations for electric buses at this facility. Inverted pantograph-style stations are anticipated. • Coordination with the rest of the design team to ensure that the overall site design will accommodate the requisite electric infrastructure and any conduits under new paving are pre- installed in this project. • Design and produce construction drawings for a small electric service to serve the bus shelter only. • Design and specify bus shelter lighting. • Additional site lighting design scope (beyond the bus shelter) is excluded from this fee proposal but is available from SGM as an hourly added service. • Design and construction drawings for the future bus charging system is excluded from this fee proposal but is available from SGM as an hourly added service. Civil Design – SGM staff will provide: • Drainage design per Eagle County standards. • Bus pullout, turnaround, and parking lot design per FHU conceptual plan and design scoping review meeting with Eagle County. • Lake Creek Village Drive realignment and/or reconstruction as needed to accommodate the bus pullout and parking areas within the designated scope area. • Provide updated 30% design plan based on collected field investigation data that specifically address topography, utilities, environmental, and geotechnical investigations. Will include a specification table of contents and cost estimate. • Provide Final Construction Plans, Specifications (PSP/SSP), and Estimate (PSE). The overall anticipated project costs are presented below by project phase and the supporting detailed man-hour, task, and fee breakdown, and a complete 2023 SGM Fee Schedule is presented on page 16. DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 PROPOSAL – ECO TRANSIT (Eagle County) Lake Creek Village Transit Hub Design p | 15 Fees Assumptions / Exclusions / Clarifications The following assumptions were made in the development of this fee estimate: •Bi-weekly meetings are assumed to begin once preliminary design begins. The project manager will attend all meetings in person, if desired. Discipline leads will attend the meetings on an as-needed basis. •A 5-month project duration has been assumed (May – September) •In person project meetings by PM •Kickoff Meeting •30% Design Review Meeting •1 Public / BoCC Meeting is assumed •1 Site Property Owner Meeting(s) are assumed •The existing utility engineering work in this scope will include a Utility Notification Center of Colorado (UNCC) 811 ticket, discussions with utility owners, investigation of surface utilities, and identification of potential conflicts. •Landscape architecture or landscape design is not required for this project. •LOMR / CLOMR is not required for this project. •Structural Engineering is not required for this project. •On-site renewable energy system design is not required for this project. •Backup generator systems are not required for this project. •Irrigation systems are not required for this project. •No “green” building certifications (LEED etc) or compliance are required for this project. DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 PROPOSAL – ECO TRANSIT (Eagle County) Lake Creek Village Transit Hub Design p | 16 SGM’s 2023 Hourly Rate Sheet DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 12 Eagle County Prof Services Final 8/15/2022 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58 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 6/2/2023 (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 5/1/2023 5/1/2024 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 5/1/2023 5/1/2024 5,000,000A CUP7525X138 5/1/2023 5/1/2024 5,000,000 10,000 B 4182378 5/1/2023 5/1/2024 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 5/1/2023 5/1/2024 Per Occurrence 2,000,000 Project: Lake Creek Village Final Engineering Design 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: 842DF967-F63D-4D05-B974-F5BB9A37DD58 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Schmueser Gordon Meyer Inc dba SGM 118 West 6th Street Suite 200 Glenwood Springs, CO 81601 Mountain West Ins & Fin/Glenwood Sp 100 E. Victory Way Craig, CO 81625 (970) 945-9111 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P FRISBIEB - Underwriter 04/20/2023 14:41:54 4182378 81440638 359-B NCCI #: WC000313B Policy #: 4182378 ENDORSEMENT: Blanket Waiver of Subrogation Effective Date:May 1, 2023 Expires on: May 1, 2024 Pinnacol Assurance has issued this endorsement April 20, 2023 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 To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. DocuSign Envelope ID: 842DF967-F63D-4D05-B974-F5BB9A37DD58