AGREEMENT FOR SERVICES

AGREEMENT FOR SERVICES 1. DATE This Agreement for Services (Agreement) is entered into on this day of, 2016. 2. PARTIES The parties to this Agreement are the Town of Grand Lake, a Colorado municipal corporation (Town) and (Consultant). 3. SCOPE OF WORK BY CONSULTANT Provide all labor, materials, equipment, tools and services as necessary to perform the work as outlined on the attached Exhibit A Scope of Work 4. COMPENSATION OF CONSULTANT For performance of the work, the Town agrees to pay Consultant as outlined on the attached Exhibit B Project Fees. The Town shall make payments in accordance with its normal payment dates, occurring once per month. The Town shall not have any obligation to pay or to see the payment of any monies to any subconsultant except as may otherwise be required by law. 5. PROJECT SCHEDULE OF CONSULTANT Complete the work in accordance with the schedule outlined on the attached Exhibit C Project Schedule. The Consultant shall provide the Town with 100% Deliverables no later than. Final payment by the Town will be made to the Consultant when 100% Deliverables are accepted by the Town and CDOT. 6. NOTICE TO PROCEED The Town will issue a Notice to Proceed to the Consultant when all required conditions and requirements are met. 7. INDEPENDENT CONTRACTOR The services to be performed are those of an Independent Contractor and not of an employee of the Town. The Town shall not be responsible for withholding any portion of Consultant s compensation hereunder for the payment of FICA, Worker s Compensation, other taxes or benefits or for any other purpose as an employer. 8. INDEMNIFICATION Consultant shall be responsible for the acts, errors, or omissions of himself and his employees, consultants, agents and any other persons employed or retained on behalf of Consultant in connection with this Agreement. Consultant agrees to indemnify, hold harmless and defend the Town and its directors, officers, trustees, employees, agents, and attorneys for the actions, errors and omissions of Consultant and Consultant s employees, consultants, agents and any other persons employed or retained on behalf of Consultant in the performance of this Agreement. The parties recognize that the Town is a governmental entity subject to the provisions of the Colorado Governmental Immunity Act, Section 24-10-101. et seq., C.R.S., and the Town does not waive any of its rights under the Act by entering into this Agreement. 9. INSURANCE At his sole cost, Consultant agrees to purchase and maintain in effect through completion of the project, insurance that will protect the Town and Consultant from claims which may arise out of, result from or be related to the Consultant s performance of the work on the Project, whether such performance be by Consultant or by someone directly or 1

indirectly retained or employed by Consultant or by anyone for whose acts, errors, or omissions any of them may be liable. A copy of all policies or signed certificates of insurance shall be on file with the Town at all times, shall be appropriately endorsed to give the Town a minimum of thirty (30) days notice of cancellation or intention of nonrenewal or restriction of coverage, name the Town and the Colorado Department of Transportation (CDOT) as Additional Insured, and shall be statutory in conformance with the laws of the State of Colorado. Such insurances required herein shall be written for limits as follows: 1. Commercial General Liability a. Bodily Injury and Property Damage i. $1,000,000 each occurrence ii. $1,000,000 aggregate b. Personal Injury i. $1,000,000 each occurrence ii. $1,000,000 aggregate 2. Commercial Automobile Liability a. Bodily Injury & Property Damage i. $1,000,000 any one accident or loss 3. Workers Compensation and Employers Liability: a. Workers Compensation at statutory levels b. Employer s Liability i. $100,000 each accident ii. $100,000 disease each employee iii. $500,000 disease policy limit 4. Umbrella or Excess Liability a. $1,000,000 aggregate 10. NON-DISCRIMINATION POLICY It is specifically agreed that neither Consultant nor any person working on his behalf on the project shall discriminate against any person because of age, race, sex, national origin, ancestry, disability or religion. 11. GOVERNING LAW In the event a dispute should arise as to the provisions of this Agreement, such Agreement shall be interpreted in accordance with the laws of the State of Colorado. 12. CONSULTATION WITH LEGAL COUNSEL By executing this Agreement, the parties hereto acknowledge their right and opportunity to consult with counsel and further acknowledge that they have consulted with legal counsel to the extent they desire to do so. EXECUTED THIS day of, 2016. TOWN OF GRAND LAKE CONSULTANT S NAME By: Jim White, Town Manager By: Name 2

EXHIBIT A WEST PORTAL BRIDGE REHABILITATION PROJECT SCOPE OF WORK Background The West Portal Bridge was identified in the CDOT Off-System Bridge Inspection Report dated 9/20/11 (the Bridge Report ) as structurally deficient. Below are the ratings of the vehicular bridge elements identified in the report: # Bridge Element Rating Rating Scale 36A. Bridge Rail 0, substandard 36B. Transition 0, substandard 36C. Approach Rail 0, substandard 36D. Approach Rail on End 0, substandard 58. Deck 4, poor 0 = failed, 9 = perfect 59. Superstructure 5, fair 0 = failed, 9 = perfect 60. Substructure 5, fair 0 = failed, 9 = perfect Project Overiew The goal of the West Portal Bridge Rehabilitation Project (the Project ) is to conduct repairs to the bridge to ultimately increase the condition rating of the bridge to satisfactory levels. A detailed list of the required maintenance items can be found in Appendix B of the Bridge Report which is attached herein for reference. The project is being financed through Federal Aid Funds. # Bridge Element Preferred Rating Minimum Rating Rating Scale 36A. Bridge Rail 9, perfect (new) 6+, refurbished 0 = failed, 9 = perfect 36B. Transition 9, perfect (new) 6+, refurbished 0 = failed, 9 = perfect 36C. Approach Rail 9, perfect (new) 6+, refurbished 0 = failed, 9 = perfect 36D. Approach Rail on End 9, perfect (new) 6+, refurbished 0 = failed, 9 = perfect 58. Deck 9, perfect (new) 6+, refurbished 0 = failed, 9 = perfect 59. Superstructure 7+, refurbished 5+, refurbished 0 = failed, 9 = perfect 60. Substructure 7+, refurbished 5+, refurbished 0 = failed, 9 = perfect In addition to the required repairs and maintenance, an option to include architectural elements is desired to improvement the ascetics of the existing bridge. The architectural elements shall match the existing decorative arch design of other existing bridges in the Town. Page 1 of 2

Scope of Work by Consultant The Consultant is responsible for professional services to prepare plans, specifications, and construction costs estimates (PS&E) for the Project. The Consultant will be responsible for providing the following documents (the Deliverables ) to the Town in accordance with the Project Schedule: Detailed Construction Plans for the Project Construction Specifications for the Project including any special provisions Construction Cost Estimates for the Project https://www.codot.gov/business/eema Traffic Control Plan Structure Selection Report for the Project per 19.1.3c of the CDOT Bridge Design Manual https://www.codot.gov/library/bridge/bridge-manuals/bridge-design-manual/dm_s19.pdf/view Design Calculations for the Project Bridge Rating Package for the Project per the CDOT Bridge Rating Manual https://www.codot.gov/library/bridge/bridge-manuals/bridge-rating-manual Field Information Packages prepared in accordance with 19.1 of the CDOT Bridge Design Manual https://www.codot.gov/library/bridge/bridge-manuals/bridge-design-manual/dm_s19.pdf/view Final Geotechnical Report and Hydraulic Report for the Project (as required for design) The Consultant shall be responsible for ensuring the Deliverables comply with CDOT Standard Specifications for Road and Bridge Construction and supplemental standards, CDOT staff bridge report requirements as well as the Town Municipal Code. Submittal of Deliverables The Consultant shall provide the Town with the following forms of the Deliverables: Eight (8) hard copies of the Deliverables (wet signatures) One (1) electronic copy of the final Deliverables in pdf format One (1) electronic copy of the Bridge Rating Package in xml format or other acceptable format One (1) electronic copy of the Bridge Inspection Drawing in microstation or other acceptable format Construction Management (optional) The Town anticipates the design Consultant being selected for Construction Management of the project. Project construction is anticipated to occur as early as 2017. The Town will choose the most qualified consultant for management of the construction project. The most qualified consultant will be selected for Construction Management and a separate Agreement for Services will be negotiated between the most qualified consultant and the Town. The anticipated Scope of Work for Construction Management and material testing shall comply with the CDOT Construction Manual and CDOT Field Testing Manual. https://www.codot.gov/business/designsupport/bulletins_manuals/cdot-construction-manual https://www.codot.gov/business/designsupport/materials-and-geotechnical/manuals/2014-fmm CDOT Reference Numbers Project #BRO M560-003 Project Code #20096 Bridge Structure #0560.01 Page 2 of 2

W. Portal Road Bridge Rehabilitation Project Exhibit B - Project Design Fees # Description Rate Hours Cost 1 Field investigation and Concept Development Site Visit Non Destructive Bridge Testing Bridge Design Conceptual Development Preliminary Opinion of Probable Cost Field Report/ Sketch Plan Subtotal $ 2 Preliminary Design Design Concept Selection Development 30% Construction Drawings Coordination with Town and CDOT Preliminary Opinion of Probable Construction Cost Structure Selection Report Design Calculations 3 Final Design 4 Submittal of 100% Deliverables 100% Construction Plans 100% Design Standards & Specifications Opinion of Probable Construction Cost Bridge Rating Package Field Information Package Design Calculations Hydraulic Report Geotechnical Report Coordination with Town and CDOT Hardcopies Electronic Submissions Subtotal $ Subtotal $ Subtotal $ Total Cost of Design Engineering

W. Portal Road Bridge Rehabilitation Project Exhibit C Project Schedule April May June July August September October November December 2017 Conduct Consultant Selection x X Advertise RFQ Thursday 4/28/16 RFQ Due Monday 5/16/2016 Town interview with Consultants Tuesday 5/24/16 & Wednesday 5/25/16 Town Selection of most qualified Consultant Friday 5/27/16 Town negotiate Contract Price with most qualified Consultant Tuesday 6/1/16 Execute Consultant Agreement for Services Friday 6/3/16 Town Issues a Notice to Proceed Friday 6/10/16* Conduct Design Scoping Meeting Friday 6/17/16* Coordination with the Town x x x x x x Conduct Field Inspection Review (30% Construction Plans) Monday* 8/15/16 Conduct Public Involvement Monday* 8/22/16 Coordination with CDOT x x x x x x Conduct Final Office Review (100% Construction Plans) Tuesday* 11/1/16 Completed Agreement for Services Friday* 12/30/16 CDOT Authorization of Funds for Construction January Advertisement of Construction Bids March DRAFT 4/18/2016