HomeMy WebLinkAboutC24-451 Ground Engineering Consultants, Inc.AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND GROUND ENGINEERING CONSULTANTS, INC. THIS AGREEMENT (“Agreement”) is effective as of ________________ by and between Ground Engineering Consultants, Inc. a Colorado corporation (hereinafter “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County desires to hire a geotechnical consultant to perform soil borings and produce a geotechnical report that provides recommendations, based on those soil borings, for the footing design requirements for a modular vehicular bridge. The proposed structure will replace the existing bridge over the Brush Creek on County Road 307 in Eagle County, Colorado (the “Property”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than January 31, 2025, weather permitting, and in accordance with the schedule established in Exhibit A. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Engineering Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 11/5/2024 2 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through January 31, 2025. 4. Extension or Modification. This Agreement may be extended for up to three additional one-year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a lump sum fee of $9,100.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 3 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 4 not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any monies paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents, and employees against any losses, claims, damages, or liabilities for which County may become subject to insofar as any such losses, claims, damages, or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any negligent performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal, and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability, or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased, or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Rickie Davies 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3567 E-Mail: richard.davies@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 5 Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Ground Engineering Consultants, Inc. Attention: Ben Fellbaum 101 Airpark Dr A Gypsum, CO 81637 Telephone: 970-524-0720 E-Mail: ben.fellbaum@groundeng.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction, and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules, and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as it deems necessary for the performance of the Services. Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 6 c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional, and competent manner and in accordance with the standard of care, skill, and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor 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. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture, or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules, and regulations. i. 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. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. 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. l. 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. Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 7 m. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. 15. 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. 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; Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 8 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: 0434EEFF-98EB-4587-8300-03202047184A 9 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 By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A Brian Reck Senior Project Manager 10 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A October 30, 2024 Subject: Proposed Scope of Professional Services, Geotechnical Evaluation, County Road 307 Bridge Over Brush Creek, Eagle, Colorado. Proposal Number 2410-2135 Revised Richard Davies, P.E., PTOE Eagle County P.O. Box 850 Eagle, Colorado 81631 Dear Mr. Davies: GROUND Engineering Consultants, Inc. (GROUND) is pleased to submit a proposal to conduct a geotechnical evaluation in support of the proposed bridge planned for construction over Brush Creek located approximately 450 feet south of the intersection of Brush Creek Road and County Road 307 in Eagle, Colorado. Based on correspondence with Eagle County1 and provided information,2 we anticipate the bridge will be a steel modular vehicular bridge or similar bridge structure. It is our understanding that no other improvements (such as significant reaches of new pavements) will be included as part of this project, or will be addressed by other geotechnical evaluations, as appropriate. Furthermore, we understand that all permitting will be completed by Eagle County, and that no traffic control services will be needed. Based on provided information and our experience with similar projects, we propose the following: Geotechnical Evaluation Components  Drill 2 test holes using a conventional, truck-mounted drilling rig within/near the anticipated abutment locations to evaluate the subsurface profile and obtain earth material samples for laboratory testing at locations to be determined by GROUND in conjunction with Eagle County. We anticipate the test hole depths to be approximately 30 to 40 feet below existing grades or until practical auger refusal, whichever occurs first. Final depths of the test holes, however, will be determined in the field as exploration progresses and the subsurface profile becomes evident.  Conduct a laboratory testing program to evaluate relevant engineering characteristics of the materials at the site. 1 Davies, Richard (2024) RE: West Lake Creek Road Bridge Road – Geotech Study – Eagle County. E-mail. 2 No author (no date) Vicinity Map.pdf Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A County Road 307 Bridge Over Brush Creek Eagle, Colorado 10/30/2024 Proposal No. 2410-2135 Revised Page 2 of 7  Analyze the results of the field and laboratory studies to develop geotechnical parameters regarding structure foundation systems, abutment walls, site earthwork operations, excavation conditions, lateral earth pressures, and water-soluble sulfate content. We assume the allowable stress design (ASD) instead of load and resistance factor design (LRFD). Municipal (Public Right-of-Way) pavements will not be addressed. If public pavement sections are needed, then GROUND should be contacted to revise our scope and fee.  Prepare a report summarizing the data obtained and presenting our conclusions and parameters. An electronic copy (PDF format) of the report will be provided. Hard/paper copies are available upon request. Field work, data analysis and report preparation will be conducted under the supervision of a Colorado-licensed professional engineer. Fees Based on the proposed scope of services outlined above, we propose a lump sum fee of $9,100 to complete the geotechnical evaluation. This fee assumes normal work day (Monday to Friday—7 am to 6 pm) operations. Additional fees may apply for night, weekend, and/or holiday work. Optional Additional Services If additional services are required beyond the scope of services outlined above, we propose that our fees for the additional services be in accordance with the hourly and unit costs presented in the Fee Schedule within this scope of services. As times required for post-report consulting and development of additional parameters are difficult to forecast, we propose to provide these services on an hourly and unit cost basis in accordance with the Fee Schedule. Specifically, a rate of $160 per hour will apply for a project engineer or geologist, $200 per hour for a senior project engineer or geologist, and $235 per hour for a GROUND principal. GROUND will not proceed with additional services; however, without your prior approval and authorization. Considerations/Exclusions  We assume that the site will be accessible to a conventional, truck-mounted drilling rig. Our scope does not include snow removal, construction of access routes or drilling pads, fence removal, or any other measures necessary to obtain physical access to the test hole locations.  Eagle County will furnish right-of-entry for GROUND and GROUND’s subconsultants/subcontractors to make borings, surveys and/or conduct other surface or subsurface explorations. GROUND and its subconsultants/subcontractors will take reasonable precautions to reduce damage to property. Some damage to landscaping, pavements, etc., is inherent to geotechnical drilling and should be expected by Eagle Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A County Road 307 Bridge Over Brush Creek Eagle, Colorado 10/30/2024 Proposal No. 2410-2135 Revised Page 3 of 7 County. GROUND will backfill the test holes with auger returns, patch paved areas with cold patch asphalt or grout and generally leave the site reasonably restored. Additional site repairs including, but not limited to, more extensive site clean-up, restoring ruts/damage in landscaped areas, repairing broken irrigation systems, replacing cracked curbs or flatwork, more elaborate pavement repairs, etc., are outside of our scope of services.  GROUND will notify public utilities through the Utility Notification Center of Colorado (UNCC/Colorado 811). GROUND will not be liable for damage to any private utilities as a result of exploration; the utility owner must identify or otherwise locate these utilities. By entering into an agreement with GROUND, Eagle County accepts this limitation and will either coordinate this utility identification and/or provide information to GROUND regarding the location(s) of on-site utilities. We have assumed that Eagle County will notify the property owner(s) within 48 hours of proposal execution.  Evaluation/identification of hazardous/contaminated materials that may be present, is not included in GROUND’s scope of services, unless otherwise indicated. Eagle County must inform GROUND to the presence of hazardous/contaminated materials, known to them prior to performance of any subsurface exploration.  Our scope does not include fees associated with obtaining permits to complete our field services or to respond to municipal or other agency review of our report.  We have assumed that the test hole locations and elevations will be surveyed by others on the project team, if necessary. GROUND can provide a cost estimate for surveying upon request. As part of this proposed scope of services, GROUND intends to utilize the Eagle County-provided site plan indicating existing features, Google Earth/Map imagery, and a hand-held GPS to determine the location of the test holes.  Groundwater level observations will be performed during drilling operations; test holes will be backfilled upon drilling completion per Code of Colorado Regulations (2 CCR 402-2). In the event Eagle County desires additional/repeated groundwater level observations, GROUND must be notified prior to proposal/agreement execution so that necessary revisions to the scope and fee can be made.  A contractor who relies upon GROUND’s reporting for development of his scope of work or cost estimates may find the geotechnical information to be inadequate for his purposes or find the geotechnical conditions described to be at variance with his experience in the greater project area. The contractor is responsible for obtaining the additional geotechnical information that is necessary to develop his work scope and cost estimates with appropriate precision. Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A County Road 307 Bridge Over Brush Creek Eagle, Colorado 10/30/2024 Proposal No. 2410-2135 Revised Page 4 of 7 Schedule We propose to initiate the evaluation (public utility locates, scheduling drilling, etc.) within 3 days of being given notice to proceed (i.e., receipt of a signed copy of this proposal). We anticipate that preliminary subsurface information will be available upon request approximately 2 to 4 weeks after drilling completion, and that the report should be completed approximately 5 to 6 weeks after drilling completion. GROUND will attempt to adhere to this schedule; however, this remains dependent upon favorable weather conditions, subcontractor availability, site access, and buried utility locations, and therefore cannot be guaranteed. In any event, we will notify you of our progress and pertinent information, as it becomes available. Authorization Note that GROUND reserves the right to alter the scope items if deemed necessary and withhold data and reports until we have received a signed proposal. If you have any questions, concerns, or comments regarding this proposal, please contact this office. If this proposal meets with your approval, please return a signed copy to this office at which time we will sign and return an executed copy to you. This proposal is valid for 30 days. If GROUND is requested to commence work before this proposal is signed, this proposal along with the attached General Conditions will constitute the terms of our contract. We appreciate this opportunity to work with you on this project. Sincerely, GROUND Engineering Consultants, Inc. Ben Fellbaum, P.G., E.I. Agreed to this ______ day of _________________________________________ , 2024 Eagle County by: ________________________________ ________________________________ Please print name GROUND Engineering Consultants, Inc. by: ________________________________ ________________________________ Please print name Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 10/30/2024 Proposal No. 2410-2135 Revised Page 5 of 7 FEE SCHEDULE – ENGINEERING SERVICES All engineering services require a project-specific proposal. FIELD INVESTIGATION ENGINEERING Truck Mounted Drill Rig with 2-Man Crew Principal Engineer $235 • Solid Stem Auger (hourly) $195 Senior Project Manager, Engineer, Geologist $200 • Hollow Stem Auger (hourly) $215 Project Engineer, Geologist $160 • Wireline Coring $220 Project Manager $130 • ODEX, Rotary Drilling $265 Field / Staff Engineer, Geologist $120 Track Mounted, All-Terrain, Limited Access Drill Rigs, Quote CAD Technician $90 and Drill Rig Support Equipment Special Consultation/Expert Testimony, and Court Quote Water Truck, Support Truck (daily) $315 - $500 Appearance Excavator / Backhoe / Hydro-Vac Quote Mobilization Quote Standby Time Hourly Rate Per Diem / M & IE GSA Rates MISCELLANEOUS Equipment Rental Cost + 20% Environmental Drilling, Sampling, Analysis Quote Outside Laboratory Services Quote Personal Protective Equipment (PPE) Quote Out-of-Town Living Expenses, Commercial Travel Quote Geotechnical Instrumentation, Vibration Monitoring, Quote Costs, etc. Thermal Conductivity, and Resistivity Pile Dynamic Analysis, Ground Penetrating Radar, Quote Retaining Wall Design, Shoring Design, Seepage Quote Cross Hole Sonic Logging, Sonic Echo, Falling Weight Analysis, Slope Stability Analysis, and Crane Pad Analysis Deflectometer LABORATORY TESTING Natural Density and Moisture Content $20 Permeability Atterberg Limit (Single Point) $85 • Falling or Constant Head, 2-4" Diameter $325 Specific Gravity $110 • Triaxial Permeability $450 Relative Density $275 California Bearing Ratio, 1-Point $150 Gradation Analysis California Bearing Ratio, 3-Point $450 • All Standard Sieve to #200 Sieve $75 "R" Value $425 • Percent Less Than #200 Sieve $50 Resilient Modulus (per point) $850 • Gradation with Hydrometer $200 Los Angeles Abrasion Test $200 Denver Swell $100 Soil Stabilization Mixture Analysis $3,500 Soil Suction $75 Soundness (Sodium) $450 Proctor Compaction – Standard or Modified $130 Fractured Faces Test $85 Unconfined Compressive Strength Flat or Elongated Particles $90 • Soil $60 Corrosivity Testing • Rock Quote • Water-Soluble Sulfates $60 Direct Shear Strength (3-Point) • pH Test $55 • Quick Test $650 • Reduction/Oxidation Potential (Redox) $55 • Consolidated-Undrained $900 • Sulfide Content $55 • Consolidated-Drained Quote • Soil Resistivity (Direct Measurement Method) $50 Triaxial Shear Quote • Soil Resistivity (Soil Box Method) $105 Time-Consolidation $650 • CDOT Suite (pH, Resistivity, Chlorides, and Sulfates) $280 • Eng. Suite (pH, Resistivity, Redox, and Sulfides) $245 Organic Content $100 5E1 Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 11 EXHIBIT B INSURANCE CERTIFICATE Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A 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 Travelers Property Cas. Co. of America Travelers Indemnity Company of CT Berkley Insurance Company St. Paul Protective Insurance Company 10/25/2024 USI Insurance Services, LLC 4600 S. Ulster Street, Suite 1200 Denver, CO 80237 800 873-8500 800 873-8500 den.certificate@usi.com GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood, CO 80112 25674 25682 32603 19224 46820527 A X X X X X 6802Y321971 06/06/2024 06/06/2025 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 D X X X X X 8100Y694903 06/06/2024 06/06/2025 1,000,000 A X X X 10000 X X CUP0Y698569 06/06/2024 06/06/2025 9,000,000 9,000,000 B N X UB0Y696017 06/06/2024 06/06/2025 X 1,000,000 1,000,000 1,000,000 C Professional and Pollution Liab. Claims Made X AEC907726908 06/06/2024 06/06/2025 $2,000,000 per claim $5,000,000 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; Designated Insured under Automobile 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. (See Attached Descriptions) Eagle County 500 Broadway P.O. Box 850 Eagle, CO 81631 1 of 2 #S46820527/M44983217 GROUNENG1Client#: 1083122 SACT 1 of 2 #S46820527/M44983217 Docusign Envelope ID: 0434EEFF-98EB-4587-8300-03202047184A