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HomeMy WebLinkAboutC21-087 Leonard Rice Consulting Water EngineersAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND LEONARD RICE CONSULTING WATER ENGINEERS, INC. THIS AGREEMENT (“Agreement”) is effective as of the _____________________, by and between Leonard Rice Consulting Water Engineers, Inc., a Colorado Company (hereinafter “Consultant,” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Eagle County desires to create a repository for all river health and related documents as applied to the Eagle River watershed in Eagle County and a tool that can be used to better utilize these studies (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 a timely and expeditious manner in accordance with generally accepted professional practices and consistent with that level of care and skill ordinarily exercised by other members of Consultant’s profession practicing under similar conditions and at the same time. 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: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 3/22/2021 C21-087 2 Eagle County Prof Services Final 5/14 2. County’s Representative. The Attorney’s Office 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 subj ect to the provisions of paragraph 12 hereof, shall continue in full force and effect through the satisfactory completion of the Services. 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 $58,500. 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: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 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, as required by law. 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: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 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 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 General Liability and Auto Liability insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policies 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. 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. DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 5 Eagle County Prof Services Final 5/14 x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub- consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when 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 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: Bryan Treu DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 6 Eagle County Prof Services Final 5/14 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: bryan.treu@eaglecounty.us CONSULTANT: Leonard Rice Consulting Water Engineers, Inc. Attention: Carolyn Nobel Chief Operating Officer 1221 Auraria Parkway Denver, CO 80204 Office: 303-455-9589 Email: carolyn.nobel@LREwater.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 promptly provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, 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 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 7 Eagle County Prof Services Final 5/14 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 that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. 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. DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 8 Eagle County Prof Services Final 5/14 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. 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 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 9 Eagle County Prof Services Final 5/14 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. 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: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 Carolyn Nobel Chief Operating Officer 10 Eagle County Prof Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 R O C K Y M O U N T A I N | M I D W E S T | S O U T H W E S T | T E X A S 1221 Auraria Parkway Denver, CO 80204 | Office: 303 -455-9589 | LREWATER.COM February 9, 2020 Holly Strablizky, Assistant County Attorney P.O. Box 850 500 Broadway Eagle, Colorado 81631 RE: Eagle County Watershed Tool Development and Board Presentation The purpose of this memo is to request approval for the Eagle County Watershed Tool Development activities described below as additional services for the Agreement for Professional Services between Eagle County, Colorado and Leonard Rice Consulting Water Engineers dated 4/29/2020. I. SCOPE OF SERVICES As a follow on to design sessions with the Eagle County team that resulted in the Eagle County Watershed Tool Specifications1, LRE Water (LRE) proposes to implement the Watershed Tool System Design through the following steps: • Task 1: Develop an Eagle Count Watershed Tool Phase I “Beta” System • Task 2: Beta System Demonstration • Task 3: Watershed Tool Phase II Build Out Task 1: Develop an Eagle Count Watershed Tool “Beta” System The Eagle County Watershed Tool will provide a platform where staff and stakeholders can go to access and analyze baseline watershed information. In order to demonstrate the potential benefits of the Tool, LRE will build a “Phase I Beta” system that incorporates key functionality and select priority datasets, including the following: • Setup site platform and database framework2 • Populate Water Quality Database: data acquisition, standardization and import of data from the EPA Water Quality Data Portal for the past 20 years • Integrate select spatial information: Focus on Land Use and Parcel spatial layers for demonstration purposes, additional priority spatial information will be integrated in Phase II. • Automated Data Analysis: o Calculate long term trends and summary statistics 1 Available at: https://docs.google.com/document/d/1Q7UxXIy0HsF0ax6gWjNIWW58jaNJVniPlA0IZX5yJ2w/edit?usp=sharing 2 See Section 2.1 in the Requirements document for Tool development stack specifications DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 February 9, 2021 Page 2 of 3 o Compare statistics results to Benchmark values for a subset of parameter (metals, nutrients and field) to classify results into standardized low (0) to high (4) impact categories • Interactive Exploration Tools o Select categories of interest to target and filter associated parameters and spatial layers o Calculate benchmarks “on the fly” for a selected date range o Build a custom map from selected layers o Display monitoring points classified by calculated benchmark throughout Eagle County on the custom map o View monitoring point details: click on a monitoring point to view summary statistics for all parameters selected o Draw a polygon in “project” area of interest ▪ Display summary statistics and key attributes for spatial layers (for example, percent forest, urban, etc for land use and owners for parcels) Task 2. Beta System Demonstration LRE will work with the Eagle County project team to develop a Beta System demonstration for the County Commissioners. The objective of this demonstration is to illustrate how internal and external stakeholders could apply the Watershed Tool to support decision making by: • Starting from common ground: leveraging existing information and save the time and effort involved finding and compiling data; • Targeting evaluations: identifying and integrating spatial and monitoring information relevant to specific scenarios; and • Translating water quality results to potential risks: applying flexible queries and using benchmarks to provide context. Along with highlighting the Tool features and benefits, the presentation will discuss the Tool focus and exclusions (for example, the Tool will compile and facilitate the exploration of available baseline information, but is not intended for predictive analysis and fate and transport modeling.) This task assumes one review session with the Eagle County project team and subsequent integration of comments prior to the Commissioner demonstration. Task 3. Watershed Tool Phase II Build Out Pending approval from the Commissioners, LRE will expand the Tool datasets and functionality, as well as collaborate with partners including Eagle County GIS and the Eagle River Watershed Council to develop protocols for sharing data and integrating concurrent and related efforts. Key enhancements include: DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 February 9, 2021 Page 3 of 3 • Priority spatial data acquisition, processing & coordination with Eagle County GIS 3 • "Resource Map Layer" with spatial coverage of studies • Save and Load user-based scenarios • Advanced water quality analysis features, as illustrated in Requirements Document Section 5.2 “Analyze” • Targeted “Story pages” that communicate specific information and results to audiences such as stream flows, population changes over time, and an Eagle County staff-editable Links and Resources library (as illustrated in Requirements Document Section 5.3 “Communicate”) LRE will work with the Eagle County project team to prioritize and refine these items based on project team Tool testing and Commissioner feedback. II. BUDGET AND SCHEDULE Task Budget Schedule 1: Beta System $21,000 Demonstration for internal team review within 5 weeks of Notice to Proceed 2: System Demonstration $2,500 1-2 weeks after internal review Date TBD by Eagle County Beta System & Demo Total $23,500 3: Phase II Build Out $35,000 ~3 months from Commissioner Approval* Project Total $58,500 *Budget and timeline may be refined based on Eagle County-directed priorities and coordination with partners LRE will initiate the Beta System development upon notice to proceed from Eagle County. 3 Priority spatial data sets listed in Table 1 and Table 2 in the Requirements Document DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 11 Eagle County Prof Services Final 5/14 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 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 Beazley Syndicates Hartford Accident & Indemnity Company 3/11/2021 Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 Trudy Henry 770.552.4225 866.550.4082 trudy.henry@greyling.com Leonard Rice Consulting Water Engineers, Inc DBA LRE Water 1221 Auraria Parkway Denver, CO 80204 37540 22357 20-21 A X X ENC000499801 09/01/2020 09/01/2021 2,000,000 100,000 25,000 2,000,000 4,000,000 4,000,000 B X X X 20UEGEF8313 09/01/2020 09/01/2021 1,000,000 A X X ENX000499901 09/01/2020 09/01/2021 2,000,000 2,000,000 B N 20WEGAH1ACN 09/01/2020 09/01/2021 X 1,000,000 1,000,000 1,000,000 A A Professional Liab Pollution Liab ENC000499801 ENC000499801 09/01/2020 09/01/2020 09/01/2021 09/01/2021 Per Claim/Agg $2M / $4M Per Claim $2,000,000 Aggregate $4,000,000 Re: Watershed Tool Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. (See Attached Descriptions) Eagle County, Colorado 500 Broadway Eagle, CO 81631 1 of 2 #S2613373/M2387288 LREWATERClient#: 97023 THEN2 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. 2 of 2 #S2613373/M2387288 DocuSign Envelope ID: 5DE3B5D0-56D7-40A6-8F58-934179AD9726