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C11-056 Matrix Design Group Pre-Award Engineering Services Agreement
AGREEMENT FOR PRE -AWARD ENGINEERING SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MATRIX DESIGN GROUP, INC. THIS AGREEMENT for Pre -award Engineering Services ( "Agreement ") is made and entered into effective as of the 11 day of February, 2010 by and between Matrix Design Group, Inc. a Colorado corporation (`Consultant" or "Contractor ") and Eagle County, Colorado a body corporate and politic ( "County" or "Owner "). RECITALS WHEREAS, Owner has sought a grant from Federal Emergency Management Agency ( "FEMA ") for the Flood Mitigation Assistance (FMA) grant for Stone Creek, Eagle County, Colorado, project number FMA- PJ- 08 -CO- 2010 -001 (hereinafter the "Project "); and r ' WHEREAS, process requested has. started the environmental review rocess for the Project ect and has re uested clarification on several issues which must be responded to no later than February 16, 2011; and WHEREAS, County desires to retain Consultant to perform pre -award services so that it may timely respond to FEMA's request for information; and WHEREAS, as a result of FEMA's request for information and the timing associated with that request, County has, in accordance with its guidance for the award of contracts, elected to contract with Consultant for pre -award services only. Engineering services for post -award services will be awarded as determined by County in accordance with its contract award guidance and any grant requirements. AGREEMENT Now, therefore, in consideration of the foregoing and the following promises, County and Consultant agree as follows. I: SERVI CES 1.1 Consultant agrees to furnish all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A ( "Services ") in connection with the Project. Consultant agrees to furnish the Services in a timely and expeditious manner and Services shall be completed by February 16, 2011 consistent with the applicable professional standard of care. 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. Consultant further represents and warrants the Services shall comply with any and all applicable laws, codes, rules and regulations. 1.2 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. 1.3 The Contractor agrees that Contractor will not knowingly enter into any arrangement with third parties that will conflict in any manner with this Agreement. 1.4 Contractor has given the County a proposal for performing the Services and represented that it has the expertise and personnel necessary to properly and timely perform the Services. II: TERM 2.1 This Agreement shall commence on the agreement date first above written and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect until the Services are satisfactorily completed. 2.2 This Agreement may be terminated by either party for any reason with seven (7) days written notice, with or without cause, and without penalty. In the event the Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is immediately terminated, and all rights of Contractor and obligations of County are terminated, except payment of accrued, but unpaid fees as set forth in Section 2.3 hereof. 2.3 In the event of any termination of this Agreement, Contractor shall be compensated for all Services satisfactorily completed to the date of termination. III. INDEPENDENT CONTRACTOR 3.1 With respect to the provision of the Contractor's Services hereunder, Contractor acknowledges that Contractor is an independent contractor providing Contractor's Services to the County. Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or representative of County. 3.2 The Contractor shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of County. 3.3 The Contractor and its employees are not entitled to workers' compensation benefits through the County. The Contractor is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. The Contractor hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self - employment income, unemployment taxes and income taxes. III: COMPENSATION 2 4.1 Eagle County will pay the Consultant a fixed fee of $4,250 for the Services. In no event shall the cost to the County exceed $4,250 absent an amendment to this Agreement signed by both parties. 4.2 Contractor must submit invoices by the fifth business day of each month. invoices shall include a description of Services performed. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional information to explain the insufficiency of the invoice. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor for Contractor's Services. All invoices must be emailed, mailed or delivered in- person to the following address to ensure proper payment. 4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any work done in respect of any period after December 31st of the calendar year of the Term of this Agreement, without the written approval in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of 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). 5. Indemnification: The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officials, boards, officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, of any nature whatsoever, 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 Contractor hereunder or any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder; and Contractor shall reimburse County for any and all expenses, including attorney fees, incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. 6. Contractor's Professional Level of Care and Additional Duties: 6.1 Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data and 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 Contractor's 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 engineers, with respect to similar services in the area at this time. 6.2 Contractor shall maintain, for a minimum of three (3) years, adequate financial and programmatic records for reporting to County on performance of its responsibilities 3 hereunder. Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement. Contractor shall cooperate fully with authorized County representatives in the observation and evaluation of the program and records. Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. 6.3 Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Contractor under this Agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing Services under this Agreement. 6.4 Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1 973, concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. 7. Notice: Any notice required under this Agreement shall be given in writing by registered or certified mail; return receipt requested which shall be addressed as follows: COUNTY: CONTRACTOR: Greg Schroeder Robert Krehbiel,PE Senior Project Engineer Director of Water Resources Eagle County Matrix Design Group, Inc. Post Office Box 850 1601 Blake Street, Suite 200 500 Broadway Denver, CO 80202 Eagle, CO 81631 (303) 572 -0200 (p) 970 - 328 -3567 (p) (303) 572 -0202 (f) 970 - 328 - 8789(0 robertk a,matrixdesigngroup.com greg. Schroeder @eaglecounty. us 8. Insurance: 8.1 At all times during the term of this Agreement Contractor shall maintain in full force and effect the following insurance: Insurance Type Coverage Minimums • Workers' Compensation Statutory • Employers Liability, including $1,000,000 Occupational Disease • Comprehensive General Liability, including $1,000,000 per occurrence or as specified in Broad Form Property Damage the Colorado Governmental Immunity Act, whichever is greater • Professional Liability Insurance $1,000,000 per occurrence 4 8.2 Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. 9. Non - Assignment and Subcontractors: Contractor shall not assign this Agreement or employ any subcontractor without the prior written approval of the County. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub - contractors. The Contractor shall bind each subcontractor to the terms of this Agreement. The County may terminate this Agreement, if the Contractor assigns or subcontracts this Agreement without the prior written consent from the County, and any such assignment or subcontracting shall be a material breach of this Agreement. 10. Venue and Jurisdiction: This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 11. Miscellaneous: 11.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 11.2 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach hereof. 11.3 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 12. Prohibitions on Public Contract for Services: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor 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 work under this Contract. (a) Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or 5 (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (b) Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract 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: http: / /www.dhs.gov /xprevprot /programs /gc 1 I 85221678150.shtm (c) The Contractor 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 the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (i) of paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (e) The Contractor 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 a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. (g) The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager BY: / viii► Keith P. Mo ag, County _ Ma age CONTRACTOR: Matrix Design Group, I . • By: %�/' 4 itostover A. I< es/ Title: v/ c e- M F$ I h e /- STATE OF d/orce )SS. COUNTY OF O ut 2 r ) r The fo e oing instrument was acknowledged before me by Ro �, kreiU �/H this 1) day of februa rc.1 , 2011 My commission expires: 0 Y'a23 -AO /3 d ji Notary Public 0.. Oyy =ln: •71 4 Oj s •• L / 3LlC.. . 1:17 7 tl 1111U1 1 � �1t- Ex pires 7 L EXHIBITA 1601 Blake Street, Suite 200 1 !w 1 Denver, Colorado 80202 ' ;, (303) 572 -0200 * r, Integrated Design Solutions r , fax (303) 572 -0202 January 25, 2011 Eagle County Engineering Department ATTN: Greg Schroeder, Senior Project Engineer PO Box 850, 500 Broadway Eagle, Colorado 81631 -0850 RE: Proposal for Pre -Award Consultant Service FEMA FMA- PJ- 08 -CO- 2010 -001 Flood Mitigation Assistance Grant Application for Stone Creek Dear Mr. Schroeder: The Stone Creek Flood Mitigation Assistance (FMA) project has been selected for potential funding and is currently in the environmental review process. In order to complete the environmental reviews, FEMA requested clarification on several issues. A Request for Information (RFI) letter was issued December 16, 2010 by FEMA and asked for a response within 60 days. A conference call will be held January 27, 2011 to discuss the RFI. Matrix Design Group, Inc. (Matrix) is pleased to provide consulting services on behalf of the Eagle County, the Eagle -Vail Metropolitan District and the Homeowners to secure the FMA grant for approximately $240,000 from FEMA. Matrix is very familiar with the flood hazard issues of Stone Creek and would be effective in addressing questions on the potential mitigation measures. This proposal is based on a collaborative effort of Eagle County, the Community and Matrix for the grant RFI. In summary, the following issues must be addressed: 1. To what extent will the proposed mitigation projects require permitting through the US Army Corps of Engineering under Section 404 of the Clean Water Act? 2. What other permits are required, such as a Floodplain Development Permit and Grading Permit through Eagle County, and a Construction Activities Stormwater Discharge Permit and Dewatering Permit through the Colorado Department of Public Health & Environment. 3. Clarify the number of structures to be removed from the floodplain and provide supporting hydraulic information supporting the estimate. 4. Address other environmental and project questions regarding the grant application. A letter response will be required to address the summarized comments. In addition, coordination will be needed with the Corps of Engineers in the Grand Junction regulatory branch office, and the Colorado Department of Natural Resources. The following is a list of the comments, along with a discussion and estimate of time to address their comments: Denver Colorado Springs Mr. Schroeder Pre -Award Proposal January 25, 2011 RF1 Summary of Comments: 1. Provide hydrologic /hydraulic information to show that changes in the channel from piped to open channel and changes in culverts would not have a negative impact on Highway 6, where there are no proposed changes in culvert size. This information should also show that the project would have no impact on Eagle River, which is the discharge point. We intend to show the capacity of each of the two culverts under Highway 6 can convey the entire 100 -year flood. 1 hour. 2. Provide a clearer discussion of the relationship between the existing floodplain and the proposed floodplain and whether the floodplain will decrease in size, change locations, or both. We do not intend to model the proposed floodplain. We will show qualitatively in GIS how the floodplain may be revised. 4 hours. 3. Provide verification of the number of structures that would be removed from the floodplain post - project. It is hard to know if some of the structures can be removed from the floodplain. Assume 9 of the 12 structures in the floodplain will be removed from the floodplain. 1 hour 4. Provide information on alternatives considered, especially any alternatives that did not involve the floodplain as well as why other alternatives considered were dismissed. We will add more text about the alternatives analysis. 3 hours 5. Better describe what would comprise the proposed block spillway. Additionally, the subapplication says that a diversion /split structure would be placed at the split of the bypass channel from Stone Creek. The subapplication should demonstrate how adverse impacts to downstream waters would be minimized through the use of Best Management Practices (BMPs). We will sketch up the work to be completed at the upper bypass. 3 hours 6. Clarify whether the county and golf course will create an easement or agreement for when the stream overtops the bank and puts surplus water onto the golf course. Assumed to be handled by Eagle County. 7. Provide correct floodplain panel map. Assumed to be handled by Eagle County. 8. Provide the status of the LOMR. . Assumed to be handled by Eagle County. 9. Provide coordination from the USACE to verify the type of permit required. Correspondence with the Corps of Engineers to determine the permit(s) required. This estimate of hours is for coordination only. It is not sufficient to actually obtain the permit. 8 hours 10. Provide coordination from the Colorado DENR to verify type of permits required. We are not aware of any permits from Department of Natural Resources (only the Colorado Department of Public Health & Environment). 11. Provide a statement of what seed mix /vegetation would be used to re- vegetate disturbed areas. Text stating that only native seed will be used. 1 hour 12. Provide a construction activity breakdown to determine whether land disturbance would include 1 acre or more. GIS exhibit prepared to show area of disturbance. Assume that an Erosion Control permit will be required. 3 hours 13. Provide information about the removal of trees. Assume no trees will be removed, however, we will study GIS mapping to verify this assumption. 2 hours 14. Provide a wetlands survey /delineation. We will use pictures and GIS analysis to estimate the area of wetland disturbance. A scientific evaluation field survey in the spring is beyond this estimate of time. 4 hours Ma6CD2SigiCtOuP ►. Page 2 of 3 Mr. Schroeder Pre -Award Proposal January 25, 2011 We estimate budgeting 30 hours to address the comments. In addition, 4 hours are estimated for the conference call and coordination with the County. The total estimated not -to- exceed budget for Pre -Award services is $4,250, which will be invoiced on a fixed fee basis. We look for opportunities to work with Eagle County for Pre -Award consulting engineering services. Upon your authorization, we will begin immediately addressing the comments and prepare for the January 27 call. Sincerely, Matrix Design Group, r�oup, Inc Robert Krehbiel, PE Director of Water Resources 1V1�ix Q k Page 3 of 3 c r Accnnoir CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 11/24/2010 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 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). PRODUCER CONTACT NAME: Maple Griest Van Gilder Insurance Corp. PHONE FAX 1515 Wynkoop, Suite 200 (A /C, No, Ext): 'i0'i -8"i7 -8500 (A/C,No):30'i -8'11 -5295 E -MAIL Denver CO 80202 ADDRESS: mgriest @vgic.com PRODUCER CUSTOMER ID #: MATDES INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Insurance 0 Matrix Design Group, Inc. INSURER B:XL Specialty Insurance Co. 0 2435 Research Parkway, #300 Colorado Springs CO 80920 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 613755520 REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MMIDD/YYYY) A GENERAL LIABILITY Y Y 6806397L567 10/1/2010 10/1/2011 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE O RENTED I PREMISES (Ea occurrence) $1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ JECT A AUTOMOBILE LIABILITY Y Y BA6254L544 10/1/2010 10/1/2011 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON -OWNED AUTOS $ _ A X UMBRELLALIAB OCCUR Y Y CUP7754Y753 10/1/2010 10/1/2011 EACH OCCURRENCE $3,000,000 EXCESSLIAB CLAIMS -MADE AGGREGATE $3,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ A WORKERS COMPENSATION Y UB7713Y039 10/1/2010 10/1/2011 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY ¥ / N TORY LIMITS ER ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER /MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liability DPR9689492 10/1/2010 10/1/2011 Per Claim $2,000,000 Claims Made Annual Aggragate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) If required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. For Proposal Purposes Only * * * * * * * * ** * * * * * * * * * * * * AUTHORIZED REPRESENTATIVE ~ © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: MATDES LOC#: ACGR n` ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Van Gilder Insurance Corp. Matrix Design Group, Inc. 2435 Research Parkway, #300 POLICY NUMBER Colorado Springs CO 80920 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non - contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella /Excess Liability and Workers' Compensation. Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD