HomeMy WebLinkAboutC22-324 ERO Resources CorportationAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND ERO RESOURCES CORPORATION THIS AGREEMENT (“Agreement”) is effective as of the ________________ by and between ERO Resources Corporation, a Colorado Corporation (hereinafter “Consultant” or “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Eagle County through its Open Space Department desires ecological restoration implementation and installation assistance (the “Project”) at the Brush Creek Valley Ranch and Open Space (the “Property”); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than July 1, 2023, and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 9/19/2022 2 Eagle County Prof. Services Final 2. County’s Representative. The Open Space and Natural Resource Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 1st day of July, 2023. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, or 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 $24,943.50. 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: 09D610E1-C7E0-44D1-B793-2133CCAC4270 3 Eagle County Prof. Services Final 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: 09D610E1-C7E0-44D1-B793-2133CCAC4270 4 Eagle County Prof. Services Final 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: 09D610E1-C7E0-44D1-B793-2133CCAC4270 5 Eagle County Prof. Services Final 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, or 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 monies 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 DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 6 Eagle County Prof. Services Final 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: Peter Suneson 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8698 E-Mail:peter.suneson@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONSULTANT: ERO Resources Corporation Attention Moneka Worah 1842 Clarkson Street Denver, CO 80218 Telephone: 303-830-1188 E-mail: mworah@eroresources.com 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 7 Eagle County Prof. Services Final 13. Venue, Jurisdiction, and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional, and competent manner and in accordance with the standard of care, skill, and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture, or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules, and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 8 Eagle County Prof. Services Final 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. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 9 Eagle County Prof. Services Final 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: 09D610E1-C7E0-44D1-B793-2133CCAC4270 Principal Moneka Worah 10 Eagle County Prof. Services Final EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 1 ERO Resources Corporation ERO Resources Corporation Scope of Work for Environmental Services for Brush Creek Restoration Implementation and Installation Eagle County, Colorado August 16, 2022 Background Eagle County Open Space (ECOS) has requested ERO Resources Corporation (ERO) prepare this Scope of Work (SOW) to assist with implementation of the Brush Creek Restoration Project in Brush Creek Valley Ranch and Open Space property in Eagle, Colorado. ERO proposes to partner with Geomorphic Science Solutions, LLC (GSS) to assist with the construction and revegetation of the project. This scope of services includes assisting with the first phase of the project which is focused on installation of the BDAs/PALs from the upstream end of the project area downstream to M3 (as shown on attached figure). Task 1. Pre-Installation Preparation, Phasing, Prioritization GSS will carry out all preparations required prior to field work and on-site implementation and installation of structures. These preparations will include detailed phasing, prioritization, and installation sequencing for each of the structures to be installed in fall 2022. Detailed recommendations will be provided to ECOS on locations for staging materials and quantities needed. Additionally, ECOS will be provided with a list of required equipment and tool as well as general instruction and information on installing BDAs and PALS, which can be distributed to any staff and/or volunteers Products • Detailed maps identifying restoration phasing, prioritization, and installation sequencing • Maps with recommendations for staging locations and required materials and quantities • List of all required equipment and tools • General written instructions and information on installing BDAs and PALS Task 2. Construction Implementation and Installation ERO and GSS will provide installation guidance and construction oversite to ECOS staff and volunteers and provide assistance in the installation of BDAs and PALS structures. Construction and installation will occur over the course of 1-week (not to exceed 7 days). Construction during this phase will include installation of up to five (5) BDAs and nine (9) PALS. The actual number may vary based on time, site conditions, materials, and labor availability. In general, assistance from more ECOS staff and volunteers will allow more structures to be installed. DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 ERO Resources Corporation Scope of Work for Environmental Services for Brush Creek Restoration Implementation and Installation Eagle County, Colorado 2 ERO Resources Corporation Products • On-site installation of BDA and PALS structures Assumptions • ECOS will provide all materials and tools for construction and installation of structures • ECOS will be responsible for organizing and coordinating staff and volunteers • A minimum of four (4) personnel will be available for installation of BDAs and a minimum of three (3) personnel will be available for installation of PALS • BDAs and PALS must be customized to each specific location and require “field fitting” at the time of installation to optimize functionality and the likelihood of success. • All proposed locations, types, sizes, and material quantities are approximate and may very based on specific site conditions. Task 3. Adaptive Management and Monitoring Plan ERO and GSS will develop a multi-year adaptive management and monitoring plan for the project. This would include monitoring the BDAs and PALs for structural integrity, revegetation efforts, and overall success of the project. The adaptive management and monitoring plan will outline feasible and executable procedures for measuring and monitoring project success, identifying improvements that can be adapted into future phases, and clearly defining “triggers” for management and/or maintenance actions. The adaptive management and monitoring plan will clearly define procedures and locations for routine monitoring by ECOS staff to track restoration progress. This scope of work includes ERO conducting 2 monitoring visits after initial implementation, providing any recommendations/remedial actions needed after each site visit, establishing photo points, and other documentation as necessary. Products • Adaptive management and monitoring plan • Maps identifying monitoring locations • Monitoring forms and checklists for on-site use by ERO, ECOS staff, or other monitoring personnel Assumptions • ERO will participate in two monitoring site visits • GSS will participate in one spring site visit Task 4. Revegetation and Planting Plan ERO would assist ECOS in developing a comprehensive revegetation plan for the project area. This would include a site visit to evaluate areas for plantings, developing a detailed planting plan including quantities and placement of plantings, and providing recommendations for harvest locations. This would also include recommendations for where to exclude cattle from the project area. DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 ERO Resources Corporation Scope of Work for Environmental Services for Brush Creek Restoration Implementation and Installation Eagle County, Colorado 3 ERO Resources Corporation Products • Detailed revegetation and planting plan for Phase I, including any specifications or details needed for installation and harvest locations. Assumptions • Sufficient harvest locations are available and nursery stock will not be necessary for the project. Task 5. Project Meetings and Coordination ERO will coordinate with ECOS and GSS during the implementation as needed. ERO assumes that up to 4 virtual meetings with the project team to discuss the project will be required. ERO and GSS will assist ECOS as needed in any educational and outreach efforts for the project. This would include assisting with a site visit/open house planned by ECOS and assisting with preparing or reviewing materials for the event. If requested by ECOS, ERO and/or GSS will attend the open house. This task also includes general project management activities such as internal meetings, project budgeting and scheduling, and invoice preparation and review. Assumptions • Up to 4 virtual meetings with the project team to discuss the project. Estimated Costs The above Tasks 1 through 5 will be completed on a time-and-materials basis for a cost not to exceed $24,943.50 (see below and attached spreadsheet for breakout), including expenses billed at cost plus 8%. Task 1. Pre-Installation Preparation, Phasing, and Prioritization $914.00 Task 2. Construction Implementation and Installation $10,584.00 Task 3. Adaptive Management and Monitoring Plan $6,611.00 Task 4. Revegetation and Planting Plan $3,426.75 Task 5. Project Meetings and Coordination $3,407.75 Total $24,943.50 DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 Task 1. Pre- Installation Preparation, Phasing, and Prioritization Task 2. Construction Implementation and Installation Task 3. Adaptive Management and Monitoring Plan Task 4. Revegetation and Planting Plan Task 5. Project Meetings and Coordination Contract Labor Category Unit Rate LABOR HOURS LABOR COSTS Project Principal $179.00 2 2 4 8 $1,432.00 Biologist II $114.00 1 4 17 16 10 48 $5,472.00 GIS/CADD Specialist $114.00 6 6 $684.00 Technical Editor $99.00 1 1 $99.00 Clerical Staff $84.00 1 1 1 3 $252.00 LABOR HOURS 1 5 21 25 14 66 TASK LABOR COST $114.00 $540.00 $2,479.00 $2,950.00 $1,856.00 $7,939.00 TOTAL LABOR COST $114.00 $540.00 $2,479.00 $2,950.00 $1,856.00 $7,939.00 Expenses RATE Total Quantities Mileage $0.58 800 90 90 980 $563.50 GPS Unit (per day)$125.00 1 1 $125.00 Subconsultant (GSS)$1.00 800 10,044 3,672 300 1,500 16316 $16,316.00 DIRECT COSTS $800.00 $10,044.00 $4,132.00 $476.75 $1,551.75 $17,004.50 $17,004.50 TOTAL COST $914.00 $10,584.00 $6,611.00 $3,426.75 $3,407.75 PROJECT TOTA $24,943.50 ERO Resources Corporation Cost Summary Brush Creek Restoration Opportunities Project - Phase II Page 1 DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 11 Eagle County Prof. Services Final EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/27/2022 Van Oppen &Co.2,Inc. VOCO 2 Insurance &Risk Control Services P.O.Box 793 Teton Village WY 83025 Brenda Todd 800-746-0048 service@vanoppenco2.com Pinnacol Assurance 41190 ERORE-1 Sentinel Insurance Company Ltd 11000EROResourcesCorporation 1842 Clarkson Street Denver CO 80218 Crum &Forster Specialty Insurance Company 44520 525189028 B X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X Y Y 34SBAIK9920 8/1/2022 8/1/2023 4,000,000 B 1,000,000 X X X Y Y 34UECZT3663 8/1/2022 8/1/2023 B X X 4,000,000Y34SBAIK99208/1/2022Y 8/1/2023 4,000,000 X 10,000 XS of GL/AL/EL A X N Y 1655162 8/1/2022 8/1/2023 1,000,000 1,000,000 1,000,000 C Professional Liability "Claims Made" Pollution Liability PKC-111921 8/1/2021 8/1/2023 Ea Claim/Aggregate Ea Occur/Aggregate 5,000,000 5,000,000 Eagle County is included as Additional Insured under General Liability as per written contract.Coverage is Primary and Non Contributory.A Waiver of Subrogation applies as per written contract. Eagle County 500 Broadway PO Box 850 Eagle CO 81631 DocuSign Envelope ID: 09D610E1-C7E0-44D1-B793-2133CCAC4270