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HomeMy WebLinkAboutC24-412 SWCA Inc. dba Environmental ConsultantsAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND SWCA, INCORPORATED, DBA SWCA ENVIRONMENTAL CONSULTANTS THIS AGREEMENT (“Agreement”) is effective as of ________________ by and between SWCA, Incorporated, dba SWCA Environmental Consultants, an Arizona corporation (hereinafter “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desires to utilize Contractor to provide environmental clearance support for the geothermal transit facility project (the “Project”) located at 3289 Cooley Mesa Road, Gypsum, CO 81637 (the “Property”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”), which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than December 15, 2024 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Facilities Management Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 10/1/2024 2 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect until the Project is deemed complete by the Facilities Management Department’s designee. 4. Extension or Modification. This Agreement may be extended for up to three additional one-year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed twenty-seven thousand, seven hundred sixty-five dollars ($27,765.00). In the event Contractor and County agree upon the need for additional services beyond the services described in Exhibit A, Contractor shall first provide County with a written estimate which shall include an estimate of the labor and materials and any additional costs necessary to perform the services. Each estimate must be approved by County’s Representative prior to commencement of the services by Contractor and all rates shall be in accordance with the rates set forth herein. Total compensation under this Agreement shall not exceed fifty thousand dollars ($50,000.00) without a written amendment to this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task, and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 3 d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 4 ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any monies paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify, defend, 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, and are caused by the negligent performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal, and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. In no event shall the cost to defend exceed the Contractor’s proportionate percentage of fault. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. Contractor acknowledges that County may be required to publicly release documents in accordance with the Colorado Open Records Act or other law or order of the court. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 5 Attention: Ron Siebert 3289 Cooley Mesa Road Gypsum, CO 81637 Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8881 E-Mail: ron.siebert@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 CONTRACTOR: SWCA Environmental Consultants Attention: Drew Maraglia 295 Interlocken Blvd, #300 Broomfield, CO 80021 Telephone: 720-955-6868 E-Mail: drew.maraglia@seca.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction, and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 6 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional, and competent manner and in accordance with the standard of care, skill, and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. Neither Party to this Agreement shall be responsible for any delays or failure to perform any provision of this Agreement (other than payment obligations) due to acts of God, strikes or other disturbances, pandemics, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, or other causes beyond the control of such Party. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture, or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules, and regulations. Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 7 i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. 15. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 8 iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide reasonable information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity as appropriate. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [REST OF PAGE INTENTIONALLY LEFT BLANK] Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 9 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR SWCA ENVIRONMENTAL CONSULTANTS By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 Jeff Gutierrez Planning Director - Front Range 10 EXHIBIT A SCOPE OF SERVICES Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 July 30, 2024 Jesse Meryhew Eagle County Government 3289 Cooley Mesa Road Gypsum, Colorado 81637 Submitted via email: jesse.meryhew@eaglecounty.us Re:Environmental Clearance Support for the Eagle County Geothermal Transit Facility Project, Gypsum, Colorado Mr. Meryhew: SWCA Environmental Consultants (SWCA) appreciates the opportunity to work with Eagle County (County) to provide environmental clearance support for the proposed Geothermal Transit Facility Project (Project). The County is proposing to update one of its existing bus storage facilities by installing geothermal heating and cooling. Radiant tubing has already been established within the facility, necessitating the need to drill bore holes and install new mechanical systems in order to extract and distribute geothermal energy throughout the facility. Based on our review of the preliminary design sheets, provided by the County on July 18, 2024, Project activities will be limited to the existing facility footprint and associated parking lot (Project area), and no additional land acquisition will be required. Additionally, the Project appears to be in an urban setting surrounded by mostly commercial development; therefore, the Project is not expected to result in significant environmental impacts. Our proposed approach and fees include a moderate level of coordination with Federal Transit Administration Region 8 (FTA) and the County and environmental clearance support to obtain Project certification, finalize Project design, and receive authorization to move the Project forward into the construction phase. ENVIRONMENTAL CLEARANCE The Project will be paid for with Colorado Department of Transportation (CDOT) funding, which triggers the need to comply with the National Environmental Policy Act (NEPA). NEPA compliance will be accomplished by completing Parts A through C of the FTA Region 8 Categorical Exclusion (CatEx) Worksheet Instructions and Environmental Resources Information document (CatEx Worksheet), dated October 2020, which will help FTA in their consideration for CatEx. SWCA will communicate with the FTA Region 8 project manager to coordinate the delegation of environmental clearance tasks between FTA and SWCA to meet both the intent and requirements of NEPA. This scope is based on SWCA’s experience with similar requirements, but final requirements are subject to change. If changes are necessary, SWCA will notify County and discuss the need for changes to the scope. TASK 1. DESKTOP ANALYSIS AND AGENCY COORDINATION Once the Project schedule is determined, and upon notice to proceed, an SWCA biologist and cultural resource specialist will review the Project area and design components to evaluate if sensitive environmental resources occur or may be impacted based on the proposed action. The desktop analysis will document potential impacts to resources present in the Project area that are considered under Part C of the CatEx Worksheet to evaluate the Project’s compliance with environmental regulations. In addition to the NEPA support, SWCA will evaluate compliance with the Endangered Species Act, Clean Water Act (Section 404), Migratory Bird Treaty Act, Farmland Protection Policy Act, EXHIBIT A Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 Environmental Clearance Support for the Eagle County Geothermal Transit Facility Project, Gypsum, Colorado Page |1 Land and Water Conservation Fund Act, and Clean Air Act. SWCA will use the following resources to conduct the desktop analysis: U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory Database U.S. Geological Survey National Hydrography Dataset USFWS Information for Planning and Consultation (IPaC) tool USFWS Critical Habitat Mapper U.S. Geological Survey National Land Cover Database Colorado Department of Agriculture Noxious Weed Species ID and State Noxious Weed List Databases required to satisfy American Society for Testing and Materials (ASTM) Standard E1528-05 Historical topographic maps and aerial imagery Searches of online state environmental records Searches for hazardous waste Search of historical resource records maintained by the Colorado Office of Archaeology and Historic Preservation database Searches of online databases with historical maps and aerial photographs County assessor records Searches of online geological map databases U.S. Census Bureau U.S. Environmental Protection Agency environmental justice screening and mapping tool (EJScreen) American Community Survey data Federal Emergency Management Agency’s Floodplain Map Service Center In addition to the above, SWCA will analyze whether the Project will have significant individual or cumulative effects on the air quality and noise elements of the human environment. SWCA will examine potential emissions of air pollutants and potential noise impacts that may result from Project activities using generally available information on air pollutants, local air quality, and noise attenuation data, as well as specific data from the County on construction activities and the type and number of equipment and vehicles to be used. These data will help determine the need for and guide field surveys that will be completed as part of Task 2. TASK 2. SITE RECONNASAINCE SWCA will conduct a pedestrian field survey to confirm and record sensitive environmental resources within the Project area. If applicable, the SWCA biologist will record the following data on an electronic tablet: presence/absence of aquatic resources and location, presence/absence of noxious weeds, presence/absence of habitat for or occurrence of state- or federally protected species, hazardous waste features, location(s), date, and incidental species observations. SWCA will record representative photographs of the Project area. SWCA will provide maps and spatial locations of resources identified and location data for any incidental sensitive species observations. If further evaluation is needed for hazardous materials, SWCA will conduct an initial site assessment for the Project area in general accordance with Section 4.2 of the CDOT Hazardous Materials Guidance Manual, dated June 2018. This guidance incorporates certain portions of the standards described in ASTM Standard E1528-05, Limited Environmental Due Diligence: Transaction Screen Process. The initial site assessment will include all requirements set forth in CDOT Form No. 881. Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 Environmental Clearance Support for the Eagle County Geothermal Transit Facility Project, Gypsum, Colorado Page |2 TASK 3. DELIVERABLES SWCA will prepare an environmental evaluation in accordance with Parts A through C of the CatEx Worksheet that summarizes results of the environmental clearances completed. The deliverable will support completion of Items 1 through 21 and will include all resources identified in Part C. This includes any resources that were confirmed by FTA as having no potential to be impacted by the proposed action and the reasoning for why they were not evaluated. Additionally, the deliverable will identify environmental permitting requirements that may guide future planning and consultation with FTA. Should clearances require further consideration, such as standalone technical memoranda to demonstrate that CatEx is appropriate, this scope of work may require a change modification at that time. Consultation with FTA Region 8 project manager should occur early in the planning phase to guide requirements for each clearance type. ASSUMPTIONS The County is responsible for land access and survey access permitting, if required. Weather will not delay fieldwork. The tasks and budget herein may be adjusted based on communication with the County and/or FTA at a future date. All deliverables will be submitted electronically to the County and FTA for one round of comments. SWCA will attend up to five 1-hour meetings for the Project. Meetings will be virtual and no travel will be required. A floodplain assessment is not necessary. Preliminary research indicates that the Project is in an area of minimal flood hazard, and the nearest floodplain or floodway is Gypsum Creek, located approximately 2,000 feet east of the Project area. Farmland is not present within the Project area; therefore, consultation with the Natural Resources Conservation Service will not be required. Habitat for species protected under the Endangered Species Act is not anticipated, and no species-specific protocol surveys or coordination with the USFWS is anticipated. If protected resources are identified, additional agency coordination and/or permitting may be required. This scope of work does not include agency coordination or permitting support from other approval agencies (i.e., USFWS, U.S. Army Corps of Engineers, or Colorado Department of Public Health and Environment). If required, the County is responsible for satisfying public outreach, safety and security of the Project area, and identifying alternate travel patterns and parking access. The County is responsible for conducting survey of the Project area to identify underground utilities within the Project area. A stormwater management plan and permitting for MS4 (municipality-owned stormwater conveyance) are not included in this scope of work. SWCA may provide those services in a separate scope of work. No field work will be required for the air quality or noise analysis. No modeling (e.g., hotspots analysis, human health risk assessment, or noise modeling) will be required for the air quality or noise analysis. If this is determined necessary during Task 1, SWCA has a teaming partner capable of performing such analyses. A change order will be required. All work will be completed by July 30, 2025. December 15, 2024 Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 Environmental Clearance Support for the Eagle County Geothermal Transit Facility Project, Gypsum, Colorado Page |3 COST ESTIMATE Based on thoughtful consideration of the project requirements and a thorough estimate of the required labor and direct costs, SWCA proposes a time-and-materials budget for a not-to-exceed (without client approval) total of $27,765 to complete the project as presented in Table 1 below. SWCA requires a 25% security deposit for new clients. The security deposit for this project would be $6,940. This is not an additional fee and is included in the total cost below. Table 1. Cost Estimate TASK LABOR $EXPENSES $TOTAL $ Task 1. Desktop Analysis and Agency Coordination $7,835 –$7,835 Task 2. Site Reconnaissance $1,180 $240 $1,420 Task 3. Deliverables $18,510 –$18,510 PROJECT TOTAL $27,525 $240 $27,765 Thank you for providing us with the opportunity to work with you. If the scope of work and cost estimate are acceptable to you, please sign the Services Agreement attached to the end of this proposal and email it back to our office. We will then return a fully executed agreement to you for your files. After receipt of a signed contract, we will be able to start work immediately upon receipt of the security deposit. Please contact me at (720) 955-6868 or by email drew.maraglia@swca.com if you have any questions regarding this proposal. Sincerely, Drew Maraglia Senior Project Manager Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 11 EXHIBIT B CERTIFICATE OF INSURANCE Docusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6 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 Continental Insurance Company National Fire Insurance Co. of Hartford Valley Forge Insurance Company Steadfast Insurance Company Continental Casualty Company 08/09/2024 USI Insurance Services, LLC 2375 E.Camelback Rd. Suite 250 Phoenix, AZ 85016 Collin Gillespie 602-374-1333 collin.gillespie@usi.com SWCA, Incorporated 20 East Thomas Road, Suite 1700 Phoenix, AZ 85012 35289 20478 20508 26387 20443 45837817 A X X X BI/PD Ded:10,000 X X X X 7039732036 07/26/2024 08/25/2025 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 E X X X X X 7039732053 07/26/2024 08/25/2025 1,000,000 A X X X 10,000 X X 7039732084 07/26/2024 08/25/2025 5,000,000 5,000,000 B C N X X 7039732070 (AOS) 7039732067 (CA) 07/26/2024 07/26/2024 08/25/2025 08/25/2025 X 1,000,000 1,000,000 1,000,000 D D Enviro. Liab Prof Contractors Poll Claims Made X X PEC992416902 PEC992416902 07/26/2024 07/26/2024 08/25/2025 08/25/2025 $15,000,000 Each Claim $15,000,000 Aggregate $100,000 Deductible *Environmental Professional Liability Policy Each Claim/Aggregate Limits / Retro Dates as follows: $15,000,000/$15,000,000 retro date 7/26/2022; $10,000,000/$10,000,000 retro date 7/26/2019 7/25/2022 $5,000,000/$5,000,000 retro date 2/28/1990 7/25/2019 *Various other Coverages/Limits Retro Dates Apply. Pollution Liability Occurrence Form 7/26/2022. (See Attached Descriptions) Eagle County Government 500 Broadway Eagle, CO 81631 1 of 2 #S45837817/M45694591 SWCAINCClient#: 1520486 SACT 1 of 2 #S45837817/M45694591 EXHIBIT BDocusign Envelope ID: B04A475A-F7F5-46E1-9EDE-8F23838D3BA6