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HomeMy WebLinkAboutC20-201 ClarionAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND CLARION ASSOCIATES THIS AGREEMENT (“Agreement”) is effective as of ______________________, by and between Clarion Associates, LLC a Colorado limited liability company (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County seeks to procure the services of a consultant to perform a comprehensive rewrite of the Eagle County Land Use Regulations (the “Project”); 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 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: 9820F1E3-FEAE-4C02-8720-1758414E1450 5/26/2020 C20-201 2 Eagle County Prof Services Final 5/14 2. County’s Representative. The Director of Community Development or their 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, 2021. 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 $307,660. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 3 Eagle County Prof Services Final 5/14 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: 9820F1E3-FEAE-4C02-8720-1758414E1450 4 Eagle County Prof Services Final 5/14 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: 9820F1E3-FEAE-4C02-8720-1758414E1450 5 Eagle County Prof Services Final 5/14 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). All documents shall be provided in the format and manner described in Exhibit A. 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 sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 6 Eagle County Prof Services Final 5/14 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: Morgan Landers, Planning Manager 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8624 Facsimile: 970-328-7185 E-Mail: morgan.landers@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONSULTANT: Matt Goebel, AICP Director Clarion Associates, LLC 1600 Stout Street, Suite 1700 Denver, Colorado 80202 Telephone: 303-830-2890 x 29 Email: mgoebel@clarionassociates.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 DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 7 Eagle County Prof Services Final 5/14 County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, 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. DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 8 Eagle County Prof Services Final 5/14 e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. 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. l. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Government Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 9 Eagle County Prof Services Final 5/14 a. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: i. Notify the subcontractor and County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 10 Eagle County Prof Services Final 5/14 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 BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONSULTANT: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 Matt Goebel Director 11 Eagle County Prof Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 1 EAGLE COUNTY, COLORADO SCOPE OF WORK: LAND USE REGULATIONS REWRITE APRIL 2020 This scope of work is designed to result in a comprehensive rewrite of Eagle County’s Land Use Regulations (the “ECLUR”). The project will address all issues raised in the October 2017 Assessment Report (the “Report”), as well as input collected during the public process for the 2019 ECLUR amendment. The rewrite of the ECLUR will implement the outline proposed in the Report. This scope identifies responsibilities for both the consulting team and the County and references the December 2019 Project Management Strategy put in place by Eagle County. The budget and schedule included as Attachments A and B track this scope of work. To meet the budget and schedule, the following tasks will be implemented to accomplish the scope of work: ●Task 1: Project Orientation ●Task 2: Prepare the Discussion Draft ECLURs ●Task 3: ECLURs Adoption ●Task 4: Project Management TASK 1. PROJECT ORIENTATION 1.1. INITIAL PROJECT MANAGEMENT MEETINGS Clarion will meet with the County’s Project Team to review the Project Management Strategy, overall project goals, and discuss frequency and method for regular meetings. These meetings may take place over the phone, via email, or may be in person if combined with the initial onsite committee meetings described below. Clarion will prepare a detailed work plan to ensure the schedule and budget are managed appropriately. Clarion will work with County staff to prepare a detailed drafting schedule for Task 2 that identifies product delivery dates as well as internal review and comment periods. The detailed drafting schedule will assume a minimum of 30 working days for staff review of regulation drafts and a minimum of 15 working days for other deliverables including meeting materials and presentations. 1.2. INITIAL COMMITTEE MEETINGS Clarion will work with the County Project Manager to arrange initial meetings in Eagle with the Project Team and Technical Advisory Committee. During these initial meetings, Clarion will provide an introduction to the project scope and schedule, provide an overview of the major components of the Report, provide an overview of the proposed Community Engagement Strategy, and facilitate discussions with the committee members to obtain additional feedback on Eagle County land use issues. 1.3. COMMUNITY ENGAGEMENT STRATEGY Clarion will develop a detailed community engagement strategy based on direction from the Project Team. The plan will take full advantage of the various forums available to the County that are effective tools for comprehensive engagement. In particular, the plan will emphasize public involvement that ensures each stage of the drafting is supported by broad-based, meaningful stakeholder feedback. Engagement strategies may include but are not limited to: regular reports to elected and appointed DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 2 officials, regular workshops with the Project Team, TAC, online surveys and polls, and in-person engagements or public meetings at important milestones during the process. Key elements of the strategy will include, but not be limited to: ●Goals of the Community Engagement Strategy and success metrics to measure effectiveness throughout the project per the Project Management Strategy. ●The role of the Technical Advisory Committees in helping to educate and inform the public. ●Educational opportunities, such as “Zoning 101” presentations, to help inform the public about the need for an updated ordinance. ●Primary outreach tools and methods, what each tool should be used for, and when the tools will be used in each Task. ●How technology will be used to engage stakeholders, solicit feedback, and keep stakeholders informed about project progress. The key technological tool will be a project website, which this draft scope proposes be created and maintained by the County staff, with content provided by Clarion. We also have experience using social media tools (e.g., Twitter, Instagram, Facebook) to supplement the website. These types of tools can sometimes be effective in reaching new audiences, such as younger citizens who rarely attend zoning meetings. ●The overall schedule/timeline for public involvement activities throughout the duration of the project, including a mid-point evaluation period to evaluate the effectiveness of the plan. ●Roles and Responsibilities matrix developed with the County’s Project Manager and Communications team. The draft strategy will be developed prior to the project orientation meetings in Task 1.1 with the Project Team and TAC; following discussion at those meetings, Clarion will prepare a final version for implementation throughout the duration of the project. Summary of Task 1: Project Orientation Deliverables Consultant Team Responsibilities County Staff Responsibilities ●Prepare Community Engagement Strategy ●Review Community Engagement Strategy and provide feedback ●Facilitate initial meetings with the public, Project Team and TAC, officials, and/or other interest groups – Two committee meetings, two PC meetings, one BOCC meeting ●Establish Advisory Committee ●Organize meetings (meeting locations, invitations, etc.) ●Hold TAC orientation meeting prior to project kick- off ●Attend and participate in meetings ●Prepare meeting materials for all Advisory Committee and public meetings ●Review content and provide feedback for all meeting materials ●Distribute background information prior to meetings ●Schedule meetings with appropriate stakeholders ●Organize meetings (meeting locations, invitations, etc.) Schedule TBD DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 3 TASK 2. PREPARE DRAFT LAND USE REGULATIONS 2.1. DRAFT LAND USE REGULATIONS – STAFF DRAFTS Clarion will begin drafting the revised Land Use Regulations according to the structure proposed in the Report and as further discussed and amended by the Project Team during the kick-off of each module. Document drafts will be user-friendly and include all substantive new materials. The drafts will emphasize the use of graphics, tables, and charts to clearly explain zoning and land use concepts in simple, plain English. The drafts will include commentary and footnotes to explain changes from current regulations and practice and the rationale behind each new provision. The commentary and footnotes will also demonstrate how the revised code addresses the issues noted in the Assessment Report where applicable. The updated ECLURs will likely include a substantial amount of new information, presented in a new format. The drafting of the new Land Use Regulations into three thematically related modules, which will help each review body – staff, stakeholders, community members – to read and digest all of the new information in logical increments. Prior to initiation of each module, Clarion and county staff will coordinate a “kick-off” including a discussion of goals and objectives for the module, discussion of Assessment recommendations, and overview of project schedule. The kick-off meetings will include meetings with the TAC, Project Team, BoCC and both Planning Commissions. Clarion will develop kick-off materials for the meetings and will attend the TAC and Project Team meetings virtually. County staff will lead the kick-off meetings with the BOCC and PCs without Clarion attendance unless otherwise agreed upon. For each module, a “staff draft” will be created and circulated for review by the Project Team and key heavily involved departments to check the factual accuracy (e.g., to ensure any procedures to be carried forward are described correctly) and feasibility and alignment of recommended changes. Each staff draft will be accompanied by a cover memorandum that summarizes the major new features of the draft, significant changes from current provisions, and explanations of the new material. While staff is reviewing the first module, Clarion will begin drafting the second module, and so on. Each module will be completed with presentations at public meetings and a presentation to the TAC. A recommended structure for the ECLURs is identified in the Annotated Outline section of the Report. Clarion will work with County staff to identify specific articles/chapters to include in each module. Applicable definitions will be included in each module, building up to a final consolidated list of definitions. 2.1.a. MODULE 1 – ADMINISTRATION AND PROCEDURES This component will include all the review and approval procedures in Eagle County related to land use and development. Existing procedures will be reviewed and updated and/or completely rewritten with general goals of promoting efficient, effective, and predictable decision-making. This module will also focus specifically on submittal requirements for each process, rewriting the existing Planned Unit Development process as recommended in the Assessment Report, and a focus on minor and major application types where appropriate. This module will also include the development of standards for review of Location and Extent applications and associated requirements. The existing Review Procedures Summary Table will be updated accordingly. This module will cover general provisions, enforcement procedures, and rules for nonconformities as outlined in the 2017 Assessment. DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 4 2.1.b. MODULE 2 – DEVELOPMENT AND DESIGN STANDARDS This component will include standards that address the look and feel of new development and redevelopment (e.g., landscaping, parking, connectivity, building design, and lighting). The development standards are also expected to address environmental and open space protection, sustainability (e.g., renewable energy infrastructure), and redevelopment and infill standards. This module is to be drafted second (before the drafting of new zoning districts) in order to give community members the opportunity to consider development standards issues generally as they apply to the entire county, before concentrating on specific locations/districts. This module will include the re-evaluation of requirements and standards for Environmental Impact Reports. While many development standards will apply countywide, for some topics standards should be tailored to different character areas located throughout the diverse county. For example, landscaping standards in rural areas of the county may differ from the landscaping standards in parts of the county with a more urbanizing character, such as Edwards. Similarly, different parking standards should be considered for different character areas. Character areas will be defined during the drafting process and as guided by the Comprehensive Plan process. The character areas will be general in nature and not necessarily tied to specific zoning districts, which would not be detailed until the third module. 2.1.c. MODULE 3 – ZONING DISTRICTS AND USES This component will include drafts of the proposed districts (new or existing districts, plus dimensional standards) and the uses allowed by right or by review in each district. This material is the backbone of most zoning codes and it is important that zoning districts are drafted simultaneously to ensure they use a consistent vocabulary, and that the proposed districts are not overlapping or repetitive. The districts will include both text and illustrations for each district that address applicable use, scale, siting, and (potentially) building form. One important component of this work is to modernize and simplify permitted use lists and controls to allow flexibility for market-driven adjustments, to address more modern and emerging land uses, and to remove antiquated uses. This will also focus on better aligning the zoning districts with the future land use plans as recommended in the Report and as recommended in the Comprehensive Plan 2.2. DRAFT LAND USE REGULATIONS - PUBLIC DRAFTS Based on one round of consolidated written feedback on the staff draft of each module, Clarion will produce a revised, refined public draft of each module for distribution to the TAC, key stakeholders, both Planning Commissions, and the public. With each public draft module,the draft materials will be posted on the project website and Clarion will present the module to the public during a trip to Eagle County. Each module will include four meetings – one for the Technical Advisory Committee, two for elected officials (BOCC and ECPC), and one public meeting, all scheduled to occur on the same trip over two days. Clarion will facilitate the meetings and prepare materials and presentations for these meetings, seeking staff review and input before finalizing them. County staff will utilize presentation materials and host companion meetings and worksessions for each module in the Roaring Fork Valley to ensure a well rounded approach to public engagement. 2.3. ADDITIONAL PUBLIC MEETINGS In addition to the presentations focused on specific modules, this scope and budget includes time and expenses devoted to one additional public meeting to support the project in the Roaring Fork Valley specifically. This additional workshop is designed to ensure that a broad array of issues is presented to the community for discussion. These may include a broad discussion of the project as a whole in DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 5 addition to topic-specific items; examples might include affordable housing, building design standards, or parking standards. Clarion will prepare materials for presentation to the community and facilitate this additional meeting appropriately based on format and content. Additional meetings beyond those budgeted for in this scope could be facilitated by Clarion on a time-and-expenses basis. 2.4. TESTING THE LAND USE REGULATIONS Following presentation and discussion of the three modules, Clarion will work with County staff to identify appropriate testing scenarios for the new draft LUR standards. As one option, Clarion can provide testing on hypothetical projects using a “before and after” approach by which we demonstrate the scope and challenges with a project under the current code followed by the same project under the proposed Land Use Regulations. Another option would be to select various hypothetical or real projects that address known issues in the community (such as parking, landscaping, or design) or related to the approval procedures for certain types of projects. Depending on the complexity of the testing scenarios, approximately five development scenarios will be created. The key characteristics that would change based on the new ECLURs would be summarized for each scenario in a brief handout or presentation. Additional specifics on the testing scenarios, timing, and their presentation will be discussed with staff in greater detail during orientation meetings with the Project Team. The intent is to “test” the consolidated draft of the new ECLURs and to roll out these scenarios either concurrent with or subsequent to the rollout of the consolidated draft. However, the specific sequence and timing may change based on the overall project schedule, complexity of scenarios, or public feedback. 2.5. CONSOLIDATED DRAFT LAND USE REGULATIONS Based on comments received from staff, the TAC, other stakeholders, and the general public, Clarion will revise the public draft modules to create a Consolidated Draft Land Use Regulations document with all illustrations, charts, and tables included. The consolidated draft will include a cover memo that outlines the changes from the public draft to the consolidated draft for presentation. Clarion will provide the consolidated draft for Eagle County review prior to publication and presentation. The budget includes two trips to present these materials at a series of meetings. Clarion representatives will develop all meeting materials and will present the materials in person at these meetings. Clarion will also present the results of the testing scenarios at these meetings. A minimum of six meetings will be held on the consolidated draft over the two trips, including: ●One Project Team meeting; ●One Technical Advisory Committee meeting; ●One meeting with each Planning Commission (two meetings total); ●One meeting with the Board of County Commissioners; and ●One public meeting. 2.6. ADOPTION DRAFT LAND USE REGULATIONS Based on consolidated comments from Task 2.5 above, Clarion will revise the document and create an Adoption Draft Land Use Regulations document to be carried forward into the adoption process. This draft will include final versions of all illustrations, charts, and tables. Summary of Task 2: Prepare Discussion Draft Land Use Regulations Consultant Team Responsibilities/Deliverables County Staff Responsibilities DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 6 ●Prepare Staff Drafts of LURs (in three modules) in MS Word and PDF ●Review drafts and provide one round of consolidated written comments on each module ●Prepare Public Drafts of LURs (in three modules) in MS Word and PDF ●Review public drafts and note any further comments ●Consolidate written comments from stakeholders and public on each module ●Test draft LURs standards and procedures based on predetermined scenarios ●Work with consultant to identify appropriate testing scenarios and methodologies ●Prepare Consolidated Draft LURs (one consolidated draft) in MS Word and PDF ●Review consolidated draft and note any further comments ●Prepare Adoption Draft LURs in MS Word and PDF Projected Meetings ●Public Draft LURs: Present public drafts of three modules to Technical Advisory Committee, elected officials, and one public meeting to solicit feedback –12 meetings total (three Clarion trips) ●Organize meetings and distribute background materials prior to the meetings ●Consolidate comments from stakeholders and public on each module ●Additional public meetings: Develop content for and present topic-specific materials related to new LURs at one additional public meeting (one Clarion trip) ●Assist in selecting topics for additional meeting ●Organize meeting and distribute background materials prior to the meeting ●Consolidated Draft LURs: Present consolidated public draft to Technical Advisory Committee and other groups – six meetings total (two Clarion trips) ●Organize meetings and distribute background materials prior to the meetings ●Consolidate comments from stakeholders and public Schedule TBD TASK 3. ADOPTION 3.1. EXECUTIVE SUMMARY Clarion will provide both Planning Commissions and the Board of County Commissioners with the Final Draft Land Use Regulations in a form appropriate for their review and consideration for final adoption. To accompany the Final Drafts, Clarion will prepare an Executive Summary that describes the project and the final documents, detailing comparisons between the existing and proposed regulations, and summarizing all major changes. Clarion will also prepare a Community Engagement Recap demonstrating the key engagement tools used during the project and the effectiveness of those tools based on the success metrics outlined in the Community Engagement Strategy. 3.2. ADOPTION DRAFT PRESENTATION AND PUBLIC MEETINGS Clarion will assist County staff in the presentation of the Adoption Draft at up to three public meetings (hearings at both Planning Commissions and the Board of County Commissioners), developing materials for each. Clarion will then make one additional round of edits based on feedback received at the meetings listed above, and based on consolidated written direction provided by staff. Additional meetings can be added to the scope and budget on a time-and-expenses basis. 3.3. FINAL LAND USE REGULATIONS Based on comments and direction from the meetings in Task 3.2, as summarized in consolidated written direction provided by staff, Clarion will create the final adopted draft of the new Land Use Regulations for the County’s files. This final draft will be prepared to live on Eagle County’s website in a user-friendly DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 7 and searchable PDF format. Clarion will also provide a Microsoft Word Version of the Final Land Use Regulations for future use by Eagle County for future amendments and codification. 3.4. EAGLE COUNTY LAND USE REGULATIONS SUMMARY POWERPOINT Following the final adopted draft of the new code, Clarion will prepare a PowerPoint presentation that walks through the changes from the old regulations to the new ECLURs and highlights some of the new features of the ECLURs. This presentation is for use by County staff in educating stakeholders after the adoption of the new regulations. Clarion will walk through the presentation with staff using GoToMeeting or a similar platform as part of this scope of work. Clarion will be available to facilitate additional in-person training for staff and/or other stakeholders upon request on a time-and-expenses basis. Summary of Task 3: LURs Adoption Consultant Team Responsibilities County Staff Responsibilities ●Submit final drafts in MS Word and PDF ●Prepare executive summary to accompany final drafts in MS Word and PDF ●Prepare Community Engagement Strategy Recap ●Participate in three public meetings ●Make edits to Adoption Draft based on consolidated written comments from staff ●Organize meetings and distribute background materials prior to the meetings ●Consolidate comments from stakeholders and public on the Adoption Draft Projected Meetings ●Present Adoption Drafts at three public meetings – three meetings total (three Clarion trips) ●Organize meetings and distribute background materials prior to the meetings ●Consolidate comments from stakeholders and public on each draft Schedule Hearings TBD TASK 4. PROJECT MANAGEMENT AND COMMUNICATIONS 4.1. ONGOING PROJECT MANAGEMENT Throughout the duration of the project, Clarion will participate in regular conference calls, as needed, to assist in providing relevant project reviews and updates. The frequency and method of these calls will be determined during Task 1.1. These calls will be hosted by Eagle County through Google Hangouts, a video teleconferencing platform with screen-sharing capabilities. With a land use regulation update, there can be both periods of daily communication and also periods where Clarion is in the background drafting materials. During those times, regular communication with Eagle County is critical to make all parties understand exactly where the project stands in relation to the schedule. The budget in Attachment B assigns a reserved amount of time for ongoing project management calls and discussions. 4.2. MEETINGS Clarion will facilitate numerous Project Team, TAC, and public meetings at key milestones throughout the project, as described in the task descriptions above and the Community Engagement Strategy. The focus and format of the meetings may range (e.g., small workshops, open houses, round tables, public hearings) depending on the project timing, potential for coordination with the Comprehensive Plan DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 8 update, the information being presented for review and discussion, or the intended audience. The general intention of all meetings will be to solicit meaningful feedback from a variety of County stakeholders. 4.3. COMMUNICATIONS For all communications related to the execution of the Community Engagement Strategy, Clarion shall provide written and graphic content for use by the Project Team. All materials will be reviewed by the Project Lead and Communications Lead as assigned prior to external distribution or presentation. Below is an overview of various communication methods and how the division of labor is anticipated for execution of the work: Summary of Task 4: Project Management and Coordination TAC and Public Meetings Consultant Team Responsibilities County Staff Responsibilities ●Draft meeting materials including fact sheets, graphics, posters, comment sheets, etc. ●Act as primary facilitator (virtual or in person) ●Review all meeting materials and provide feedback ●Arrange meeting locations and resources required to support the meeting ●Send announcements and invitations of meetings ●Distribute meeting materials ahead of time depending on format Project Team Meetings Consultant Team Responsibilities County Staff Responsibilities ●Draft meeting materials including fact sheets, graphics, posters, comment sheets, etc. ●Act as primary facilitator for milestone meetings ●Review all meeting materials and provide feedback ●Arrange meeting locations and resources required to support the meeting ●Send announcements and invitations of meetings ●Distribute meeting materials ahead of time depending on format ●Facilitate Project Team meetings in addition to key milestone meetings to ensure project schedule and deliverables are on track Project Website Consultant Team Responsibilities County Staff Responsibilities ●Creation of written content and graphics ●Review content and graphics from consultant and provide feedback ●Host and upload content to the website ●Periodic review of website content and revisions to ensure all information is accurate and timely ●Consolidation of public comments and distribution to consultant E-Newsletter, Social Media, and Other Consultant Team Responsibilities County Staff Responsibilities ●Creation of written content and graphics ●Review content and graphics from consultant and provide feedback ●Post or distribute content to appropriate groups though identified channels ●Consolidation of public comments and distribution to consultant Schedule Ongoing throughout duration of project, as described in subsequent tasks DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 9 ATTACHMENT A: SCHEDULE The implementation of all project tasks is anticipated to take approximately 18 months. The project start date is anticipated to be May 2020 with a delivery date of October 2021, however, the start date may shift as mutually agreed upon between Clarion and county staff. TASKS 2020 2021 M J J A S O N D J F M A M J J A S O N D 1. Project Orientation 2. Prepare Discussion Draft Land Use Regulations 3. Land Use Regulations Adoption 4. Project Management -----Module 2----- -----Module 1----- -----Module 3----- DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 10 Attachment B: BUDGET The project budget, broken down by tasks, is summarized on the following page. It includes all professional fees, travel, and other reimbursable expenses. This cost estimate is based on the team’s extensive experience with similar code rewrite projects. The budget and schedule are based on a work plan, division of labor, and budget consistent with the County’s resources and objectives. DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 Director (Goebel)Ld Drafter Associate Graphics TOTAL % of Total Budget Hourly Rate $210 $150 $85 $80 Task 1. Project Orientation 1.1 Initial Project Management Meetings 12 8 8 0 $4,400 1.2 Initial Committee Meetings 20 20 20 0 $8,900 1.3 Community Engagement Strategy 10 4 14 0 $3,890 1.4 Additional 2020 kick-off trip (public workshop, mtgs w/BCC, 2 PCC, TAC, Project Team) [new]32 32 32 8 $14,880 Hours 74 64 74 8 220 Labor Costs $15,540 $9,600 $6,290 $640 $32,070 Number of Trips 2 1 2 Trip Costs [all rvsd for longer trips]$1,750 $675 $1,350 $3,775 Task Total $35,845 10.34% Task 2. Prepare Discussion Draft LURs 2.1 Draft Land Use Regulations - Staff Drafts Module 1 - Administration and Procedures [rvsd to add L&E]60 30 140 8 $29,640 Module 2 Kick-off (virtual with TAC and PC, staff leads workshops for BCC, 2 PCC) [new]6 6 6 0 $2,670 Module 2 - Development Standards [rvsd to add EIR]60 50 140 60 $36,800 Module 3 Kick-off (virtual with TAC and PC, staff leads workshops for BCC, 2 PCC) [new]6 6 6 0 $2,670 Module 3 - Zone Districts and Uses 50 40 120 80 $33,100 2.2 Draft Land Use Regulations - Public Drafts Module 1 - Administration and Procedures (including 1-night trip to present, Eagle) [rvsd for addl mtgs]40 40 40 8 $18,440 Module 2 - Development and Design Standards (including 1-night trip to present, Eagle) [rvsd for addl mtgs]40 40 60 16 $20,780 Module 3 - Zone Districts and Uses (including 1-night trip to present, Eagle) [rvsd for addl mtgs]40 50 60 16 $22,280 2.3 Additional Public Meeting (including one trip for RF)20 0 20 0 $5,900 2.4 Testing the Land Use Regulations 30 30 50 32 $17,610 2.5 Consolidated Draft Land Use Regulations (including two trips to present)60 40 60 8 $24,340 2.6 Adoption Draft Land Use Regulations 30 30 40 16 $15,480 Hours 442 362 742 244 1,790 Labor Costs $92,820 $54,300 $63,070 $19,520 $229,710 Number of Trips 7 6 7 Trip Costs $6,125 $4,050 $4,725 $14,900 Task Total $244,610 70.57% Task 3. Land Use Regulations Adoption 3.1 Executive Summary [rvsd to include Engagement recap]6 10 10 0 $3,610 3.2 Adoption Draft Presentation and Public Meetings 50 20 30 0 $16,050 3.3 Final Land Use Regulations 30 8 30 8 3.4 Land Use Regulations Summary PowerPoint 4 0 4 0 Hours 90 38 74 8 210 Labor Costs $18,900 $5,700 $6,290 $640 $31,530 Number of Trips 3 1 1 Trip Costs $2,625 $675 $675 $3,975 Task Total $35,505 10.24% Task 4. Project Management and Communications 4.1 Ongoing Project Management 100 60 8 0 $30,680 4.2 Meetings (included in earlier tasks)$0 4.3 Communications (included in earlier tasks)$0 Hours 100 60 8 0 168 Labor Costs $21,000 $9,000 $680 $0 $30,680 Number of Trips 0 0 0 Trip Costs $0 $0 $0 $0 Task Total $30,680 8.85% TOTAL $346,640 100.00% TOTAL BILLED/PAID AS OF APRIL 2020 $38,980 ADJUSTED TOTAL $307,660 Eagle County, Colorado Land Use Regulations Rewrite Revised April 2020 DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 11 OPTIONAL IMPLEMENTATION TASKS 4.4. ADMINISTRATIVE MANUAL Clarion will prepare an administrative manual to serve as a “users’ guide” that explains the organization and key provisions of the ECLURs. Since the administrative manual is not part of the adopted code, it will be intended to be updated in the future without public hearings and re-codification. The administrative manual will include details about the following, at a minimum: ● An introduction including “how to use” the new zoning ordinance ● Key contact information for various County departments ● Explanation of key zoning ordinance tables, such as allowed uses, parking, and procedures ● Description of the various development review procedures, including: o Pre-application conference expectations o Application review responsibilities o Timelines and schedules o External referral procedures o Public notice procedures, costs, and specifications o Checklists for applications and design standards o Examples of required materials (e.g., site plans, building elevations, public notices) ● Application fee schedules (to be provided by County) ● Fines for zoning ordinance violations (to be provided by County) ● Tree and plant species list and details (to be provided by County) The manual will be structured as a companion document to the ECLURs in terms of page layout, colors, and fonts, and will include illustrations and diagrams (as appropriate). In our experience, these manuals and guides should be kept as short and focused as possible while including the materials necessary to use the ordinance efficiently and to know how to file an application or engage in the development review process. Efforts to collect all details of all possible procedures (no matter how rare) or to include engineering-level detail in these documents will make them so long and complex that few will use them. Clarion will initiate this task by collecting relevant background information from staff via email and conference calls. We will attend one day of meetings in Eagle to meet with staff to discuss document format, contents, and organization, including an in-person review and discussion of sample manuals from other communities. Based on the information collected, Clarion will prepare an initial outline and layout for the administrative manual. Based on County comments, Clarion will then prepare a staff draft of the manual. County staff will review the staff draft of the manual and provide one set of consolidated comments. Following review of staff comments, the team will conduct a conference call with staff to discuss the comments, make agreed-upon changes to the manual, and deliver both a hard copy and web-ready digital copy to the County. Timeline: Approximately four months from initiation to finalization of administrative manual (timed to coincide with preparation of development application forms, if that optional task is selected as well) DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 12 4.5. DEVELOPMENT APPLICATIONS, INFORMATION SHEETS, AND FEE SCHEDULES Based on initial conversations with County staff, Clarion will prepare new development application forms, information sheets, and fee schedules that are consistent with ECLUR requirements, the administrative manual, and national best practices in terms of submittal information. Clarion will provide two or three example forms to establish staff preference prior to preparing individual application forms. It is assumed a standard application form will be used for all applications, supplemented with more specific forms for certain types of applications, as appropriate. The application forms will be produced in a digital format, editable by staff and suitable for placement on the County’s website. At County staff discretion, Clarion can incorporate the development applications directly into the administrative manual, or provide the application forms as an appendix or as standalone files. Clarion will initiate this task by collecting relevant background information from staff via email and conference calls. Based on the information collected, Clarion will prepare an initial outline and layout for the administrative manual. Based on County comments, Clarion will then prepare a staff draft of the materials. County staff will review the staff draft of the materials and provide one set of consolidated comments. Following review of staff comments, the team will conduct a conference call with staff to discuss the comments, make agreed-upon changes to the manual, and deliver both a hard copy and web-ready digital copy to the County. Timeline: Approximately four months from initiation to finalization of applications and related materials (timed to coincide with preparation of administrative manual, if that optional task is selected as well) DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 12 Eagle County Prof Services Final 5/14 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 9820F1E3-FEAE-4C02-8720-1758414E1450 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/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 7/9/2020 (970) 635-9400 (970) 635-9401 24112 Clarion Associates LLC 1600 Stout Street, Ste #1700 Denver, CO 80202 41190 16535 42374 A 2,000,000 X X CWP042989M 8/11/2020 8/11/2021 500,000 5,000 2,000,000 4,000,000 4,000,000 1,000,000A CWP042989M 8/11/2020 8/11/2021 2,000,000A CWP042989M 8/11/2020 8/11/2021 2,000,000 0 B X 4060755 7/1/2020 7/1/2021 1,000,000 1,000,000 1,000,000 C Worker's Compensatio WC4633097-10 7/1/2020 Other States NC & NY 1,000,000 D Professional Errors H718112267 9/22/2019 9/22/2020 Per Claim 1,000,000 If required by written contract, Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are included as Additional Insured on a Primary and Non-Contributory basis for ongoing and completed operations under General Liability. If required by written contract a Waiver of Subrogation in favor of Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers applies to the General Liability and Workers’ Compensation. 30 days written notice of cancellation except 10 days for non-payment of premium. Eagle County, Colorado Attn: Morgan Landers, Planning Manager 500 Broadway PO Box 850 Eagle, CO 81631 CLARASS-01 DVIGIL PFS Insurance Group 4848 Thompson Parkway Suite 200 Johnstown, CO 80534 Diana Vigil info@mypfsinsurance.com Westfield Insurance Company Pinnacol Assurance Co Zurich American Insurance Co Houston Casualty Company X 7/1/2021 X X X X X X X X 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Clarion Associates LLC 1600 Stout Street, Ste #1700 Denver, CO 80202 PFS Insurance Group, LLC - Johnstow 4848 Thompson Pkwy Suite 200 Johnstown, CO 80534 (970) 635-9400 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P ISA -07/02/2020 18:27:06 4060755 56216822 359-B NCCI #: WC000313B Policy #: 4060755 ENDORSEMENT:Blanket Waiver of Subrogation Effective Date:July 1, 2020 Expires on: July 1, 2021 Pinnacol Assurance has issued this endorsement July 2, 2020 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.