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Home My WebLink AboutC11-315 ECOS Environmental & Disaster AGREEMENT BETWEEN EAGLE COUNTY AND ECOS ENVIRONMENTAL & DISASTER, INC. THIS AGREEMENT is made this , day of September, 2011, by and between Eagle County ( "County "), and, ECOS Environmental & Disaster Restoration, Inc. ( "Contractor "), a Colorado corporation with a principal place of business at Glenwood Springs, Colorado. WHEREAS, County desires to clean and disinfect air handler units (AHU) # 10 and #11 located in the Eagle County Building (the "Facility"). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said product and /or services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services and related terns and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 — WORK 1.1 Contractor agrees to provide all services, labor, personnel and materials to perform and complete the services described as cleaning and disinfecting AHU's 10 and 11 by applying a degreaser, power washing the units with hot water, HEPA vacuum and applying an antimicrobial over all cleaned surfaces all as more fully set forth in Exhibit A (hereinafter "Services" or "Work ") which is attached hereto and incorporated by this reference. Contractor and will use its expertise, skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit A, this Agreement shall control. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Facilities Management Department designee, shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement. ARTICLE 4 — COMPENSATION 4.1 For the Services to be provided hereunder, County will pay Contractor the amounts provided in Exhibit "A." The maximum amount of compensation under this Agreement shall not exceed six hundred dollars ($600) without a signed amendment to the Agreement. 4.2 Payment will be made for Services satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.3 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. 4.4 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 Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. iC (r ARTICLE 5— CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder, the Facility, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to carpet and flooring sales and service companies. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 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, 2011 without an appropriation therefore 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). 7.4 Provision Mandated by C.R.S. § 8 -17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 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 Services under this Contract. 7.4.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (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. 7.4.3 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 1185221678150.shtm 7.4.4 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. 7.4.5 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 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 days of receiving the notice required pursuant to • subparagraph (i) of the 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. 7.4.6 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). 7.4.7 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. 7.4.8 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. 7.5 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. 7.6 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 sub - consultant agreements for the performance of any of the Services or 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 perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor 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 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. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 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. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall indemnify and hold harmless County and any of its 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, 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 or any of its subcontractors hereunder; and Contractor shall reimburse County for any and all 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 the County is solely liable to such third party for such claims without regard to the involvement of the Contractor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: All documents (including electronic files) and flooring materials which are 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. ARTICLE 11 - TERMINATION: 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the reason and date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. ARTICLE 12 — NOTICE 12.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Facilities Management P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8881 (p) (970) 328 -3539 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8699 (f) The Contractor: ECOS Environmental & Disaster Restoration P.O. Box 11936 Aspen, Colorado 81612 (970) 704 -9128 (p) (970) 704-9129 12.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Comprehensive Automobile insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit B. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its County Mana.er AP BY: %J� Keith Montag CONTRACTOR: ECOS: By: Title: �, , {. CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF Cb\orckck ) (� e, ) ss. COUNTY OF �`"1 ire ) § � g acknowledged by C c1L b ( 't,tV of E V` this The for wing instrument was acknowled ed before me b day of ,(}ke,YVk i3Q,y , 2011. My ..mmis ion expir•:• s*" uL - Ots 11116.6 , Notary Public \`\ ��1111I NOTAP), S cr P UBLIC • O e cos Environmental & Disaster Restoration fie: /21i/ `I P.O. Box 11936 Aspen, Colorado 81612 {/ Phone # (970) 704- 1 Ph 9 28 Fax # (970) 704 -9129 AUTHORIZATION FORM Client: 1. 66111 N1 Citl4rmR.kit4C - Phone #: '110- &Z $— 8881 Contact Name: Contact #: 970 - 326 -&56/ Insurance Company: t- A.i . Policy #: I (we), the Owner /Agent (hereafter referred to as Client) herby authorize ECOS Environmental & Disaster Restoration, Inc. (hereafter referred to as ECOS) to perform remedlation services at the following loss Location: , s r) isi2cAokul 1 FJaC -:tom r_D 15/641 . ECOS will not be liable for any loss caused directly or indirectly by or for any consequential damages resulting from the work performed unless agreed to by ECOS and the Client In a separate written agreement. Should it be required to remove any item(s) from the above location, the Client shall have no claim against ECOS for any consequential damages or lose of those items. The Client agrees to the terms and conditions on • the reverse side of this form unless specifically excluded by ECOS and the Client. Should the work be covered by insurance, the Client agrees to allow ECOS to contact the Insurance company regarding matters related to the loss. It is understood that ECOS is working directly for the Client and not the insurance company or the adjuster. The Client agrees to remain responsible for the total cost of work performed by ECOS, payable as per the invoice. Should work performed by ECOS be covered by insurance, non - payment by the insurance company does not release the Client of the responsibility to pay ECOS directly. In the event that legal proceedings must be instituted to recover any amount due to ECOS, ECOS shall be entitled to recover the cost of collection, including attorney fees. Additional Terms: 43 Z 5fj. va.s. t t c tom. C. - A. i 4romt.c- L`?r;.rea i a‘ro- I t 5. 14. e__"r CL EPA- 0,:iAi4t4 / • /41.JTt wsa`.R4DRi r 41,-) Signature ECOS Representative: Date: y zy ,/ • • Signature Client: Date: EXHIBIT whte Orrice a A" GENERAL TERMS AND CONDITIONS: Authorization: The client authorizes ECOS to enter the property at the loss location, furnish materials, supply equipment, and to perform all labor and restoration procedures necessary to remediate the situation. Post Work Agreement: The client understands that the situation at the loss location can change. ECOS will remediate the situation and rectify or recommend methods to rectify the cause of the conditions fostering the situation. ECOS will not be responsible for any other occurrence or reoccurrence of contaminants after the remediation work agreed upon in this authorization is complete. Costs: The client understands that the condition at the loss location can be a progressive condition and that remediation efforts can vary depending on the type and quantity of materials, water, and other liquids, degree of saturation, airflow volume and velocity, temperature and the indoor and outdoor humidity. - - • -, _ ° • . _ . • .- . _ :: :: - . - • - _ • • - , . .. . - • - - - . 'on H . • • . •.,. - • . ••: - : •.• • • : 0. • • •.h • • -•, -• ,. - ;• . - . - s oca on. in- tbseve . . - r _ w:+ -..a s' r. ia. • • •': •, a to zelease-- ndit;3l • • _ , _. . mended preee�resaad oquipmeatas.te �- , genie - Pe • • c • treaty fo uralre. If • 4 •• : • : : • - rec i y i• a insurance company, 1 . • _ _ - ,; i toee-weddeg-cleys-.—It-is-fully_. u • o : _ .. - :► _ .:'• a e lent is person- y - •'• • • - . • . •[ rtllur...,. • c _ . .. - - - — - Payment: T rferre-worit anti • - - • response • y • r • ay - • - - • '. , • - ..• ail c harm fnr _seO icesere eaelexesponsibllity o thel:lienLaed are -tt-be Q ap y• • • Z. Z .,11 •,./ •a S• . 11 • - u: _ •• . .1 • h: • ••_ .• . •^•++�•�+•i1+• ' FLOOD TERMS: Effects of Abnormal Water: Water indoors can cause or contribute to a number of problems. The damage and health implications increase the longer materials remain wet. There are at least four progressive stages of indoor water damage as follows: 1. Water migrates into areas not originally affected. Water spreads laterally into adjoining rooms, penetrates materials below and wicks up into porous materials above. It is best to evaluate all affected areas, not just areas with visible saturation. 2. Saturated materials begin swelling as they absorb moisture. In many situations drying and restoration will restore them. and in others the damage may be permanent. Rapid drying will help reduce the chance of permanent damage. 3. As water evaporates it causes an abnormally high humidity condttion. High humidity can damage some porous materials. Humidity damage is most common when the indoor humidity exceeds 809' over time. It is best to reduce the indoor humidity quickly to help prevent humidity damage. 4. After water intrusion. mold and bacterial spores germinate and multiply. Given acceptable growth conditions, one organism can multiply to more than one billion organisms in Tess than 24 hours. Microorganisms can cause mold damage and degrade indoor • air quality. Some microorganisms produce antigens and allergens which cause allergies while others can cause infections and toxic diseases - Drying Equipment: The Client understands that high velocity airmovers (fans) and dehumidifiers will be installed to increase the rate of drying. The Client will not allow children. pets or any unsupervised activity in the proximity of this equipment and will not turn off or move the equipment without being directed to do so by ECOS. The Client has been informed by ECOS that it may take several days to attain an acceptable "dry" condition. The Client will not leave windows open unless instructed by ECOS. as this may retard the drying process- The Client will minimize entering affected rooms, especially those where carpet is being dried. Equipment Responsibility: The Client understands that they are responsible for loss. damage, or theft of drying equipment while it is at the loss location and will take reasonable precautions to insure that this drying equipment is not lost, damaged, or stolen. Safety: if dehumidifiers or airmovers must be moved, they must be shut off and unplugged as it may be hazardous to move these units while they are operating. Drying equipment is intended to work safely for long periods of time; however, if the Client notices an unsafe or abnormal situation they will call ECOS immediately. Exposed tack strips are a danger even when covered. The Client will take care when walking near tack strips. The floors may be slippery when wet. The Client will take extreme care if walking on or from wet flooring materials. MOLD: Reducing mildew growth & damage: Mold is ubiquitous and can grow at any time when conditions conducive to mold growth are present. The client understands that several things that can be done to reduce mold growth and damage to affected materials. (1) Water can be removed as quickly and as thoroughly as possible. (2) Antimicrobial agents can be applied to inhibit the growth of mold and other bio- contaminants. (3) Rapid air - movement can be introduced into areas and cavities to increase the rate of evaporation. (4) The relative humidity of the affected areas can be reduced. Authorization of Antimicrobials Agents: The client understands that in the best judgment of ECOS wet materials may be treated with a commercial antimicrobial agent to inhibit the growth of microorganisms during the drying process. it is beyond the expertise of ECOS to determine if someone may be sensitive to its application and will hold ECOS harmless for its use. 54301 1 8 DATE (MM /DDIYYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 9/30/2011 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 Commercial Lines - (720) 528 -7600 NAME: PHONE FAX Wells Fargo Insurance Services USA, Inc. E MAIo. Ext): (A/C. No): ADDRESS: 5600 South Quebec, Suite 300A INSURER(S) AFFORDING COVERAGE NAIC # Greenwood Village, CO 80111 -2225 INSURERA, Endurance American Specialty Ins Co 41718 INSURED ECOS Environmental & Disaster Restoration, Inc. INSURER B : Pinnacol Assurance PO Box 11936 INSURER C : INSURER D : INSURER E : Aspen, CO 81612 INSURER F : COVERAGES CERTIFICATE NUMBER: 3332421 REVISION NUMBER: See below 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 INSR TYPE OF INSURANCE WYD SUER POLICY EFF POLICY EXP LTR INSR POLICY NUMBER (MM /DD //YYYY) (MM DD/YYYY) LIMITS A GENERAL LIABILITY ECC101013106 -00 09/01/11 09/01/12 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) _ $ 5,000 X Blkt Al PERSONAL & ADV INJURY $ 1,000,000 X Blkt Waiver /Sub GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO- LOC $ JFCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ A UMBRELLA LIAB X OCCUR EXS101013107 -00 09/01/11 09/01/12 EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 4,000,000 DED X RETENTION $ 0 $ WORKERS COMPENSATION x WC STATU- OTH- B AND EMPLOYERS' LIABILITY Y / N 4095126 07/01/11 07/01/12 TORY LIMITS ER ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) - E.L. DISEASE - EA EMPLOYEE $ 1,000,000 It yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE 9r #.4"" EXHIBIT The ACORD name and logo are registered marks of ACORD © 1988 ACORD CORPORATI - 15 4*. ACORD 25 (2010/05) I 54301 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DDM(YY) 9/30/2011 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 Commercial Lines - (720) 528 -7600 NAME: PHONE FAX Wells Fargo Insurance Services USA, Inc. E C. Ext): (A/C, No): ADDRESS: 5600 South Quebec, Suite 300A INSURER(S) AFFORDING COVERAGE NAIL # Greenwood Village, CO 80111 -2225 INSURER A, Endurance American Specialty Ins Co 41718 INSURED ECOS Environmental & Disaster Restoration, Inc. INSURER B : Pinnacol Assurance PO Box 11936 INSURER C : INSURER D INSURER E : • Aspen, CO 81612 _ INSURER F COVERAGES CERTIFICATE NUMBER: 3332421 REVISION NUMBER: See below 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 /DDIYYYY) (MM /DD/YYYY) A GENERAL LIABILITY ECC101 013106 -00 09/01/11 09/01/12 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X Blkt Al PERSONAL & ADV INJURY $ 1,000,000 X Blkt Waiver /Sub GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO- LOC $ JFI:T AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NON -OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) A UMBRELLA LIAB X OCCUR EXS101013107 -00 09/01/11 09/01/12 EACH OCCURRENCE _ $ 4,000,000 X EXCESS LIAB CLAIMS -MADE - AGGREGATE $ 4,000,000 DED X RETENTION $ 0 $ WORKERS COMPENSATION X WC STATU- OTH- B AND EMPLOYERS' LIABILITY Y / N 4095126 07/01/11 07/01/12 TORY LIMITS ER ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 850 ACCORDANCE WITH THE POLICY PROVISIONS. Eagle, CO 81631 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD © 1988 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)