HomeMy WebLinkAboutC11-332 Mays Construction Specialties AGREEMENT BETWEEN EAGLE COUNTY AND MAYS CONTRUCTION SPECIALTIES, INC. THIS AGREEMENT is made this / day of October, 2011, by and between Eagle County ( "County "), and Mays Construction Specialties, Inc. ( "Contractor "), a Colorado Corporation with a principal place of business in Grand Junction, Colorado 81502. WHEREAS, County desires to have the existing pump station on the County's Eagle River Preserve in Edwards, Colorado underpinned and stabilized (the "Work "); and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to perform the Work; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the Work and related terms 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 will underpin and stabilize the existing pump station on the Eagle River Preserve as set forth in the Revised Proposal (the "Proposal ") by Contractor dated September 19, 2011 (copy, including Terms and Conditions, Location Map and Building Cross- Section, attached hereto as Exhibit A and made a part hereof by this reference) for the price provided in such Revised Proposal, and will use its expertise, skill and its own employees to perform the Work detailed in such Revised Proposal. 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 Work. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Work is satisfactorily completed in accordance with the terms of this Agreement. 1 ARTICLE 4 — COMPENSATION 4.1 For the Work, County will pay Contractor the amount provided in Exhibit "A." The maximum amount of compensation under this Agreement shall not exceed the amount specified in the Revised Proposal without a signed amendment to the Agreement. 4.2 The agreed price for product supplied and Work satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Work. The invoice shall include a description of the Work 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 Work 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. 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 Work to be performed hereunder 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 Work. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Work. 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. 2 5.6 Contractor will be responsible for performance of the Work and shall perform the Work in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to construction specialties providers. Further, in performing the Work, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Work is 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. In the event of a conflict between the provisions of the Revised Proposal and the express provisions of this Agreement, the provisions of this Agreement shall control. 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 3 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). 4 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 ATTORNEY'S FEES: 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. 7.6 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. 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. ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall, to the fullest extent permitted by law, 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 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 liable to such third party for such claim without regard to the involvement of the Contractor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: All documents (including electronic files) which are obtained during, purchased or prepared in the performance of the Work 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. 5 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 com leted u 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: Mays Construction Specialties, Inc. P.O. Box 4229 Grand Junction, Colorado 81502 (970) 245 -0834 (p) (970) 245- 2661f) 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 perform the Work under this 6 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 shall provide certificates of insurance in a form acceptable to County upon execution of this P Y p Agreement. / /SIGNATURE PAGE TO FOLLOW // 7 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 Thro . h Its wea BOA' OF OUNTY C •I i ISSIONERS ATTE , -: _ Clerk to the Board of , Jo Stay ey County Commissioners ''"" C airm. MAYS CONSTRUCTION SPECIALITIE C. By: Daniel M. Roberts Title: Vice Presid- finance /Administration STATE OF ) SS COUNTY OF The foregoing instrument acknowledged before me by ,this day of , 2010. My commiss' ► expires: Y P ary Public 1 ESS WHEREOF, the parties hereto have executed this Agreement • say and year first al - written. COUNTY OF E A STATE OF OLORA I !, .y its County Manager By: Keith Montag, County . ter MAYS CONSTRUCTION SPECIALTIES. INC. By: Daniel M. Roberts Title: Vice President Finance /Administration STATE OF COLORADO ) ss. COUNTY OF MESA ) The fore oing instrument was acknowledged before me by (J )e`t this , � YY) , day of September, 2011. My commission expires: g las frog S , ! 0 0 Notary i'ublic / ' $ . • r SPfr; OF r. C SSION 8 MAYS CONSTRUCTION SPECIALTIES, INC. REVISED PROPOSAL P.O. BOX 4229, GRAND JUNCTION, CO 81502 (970) 245 -0834, FAX 970 - 245 - 2661 Attn: Ron Siebert E -mail: info @ mays - mcsi.com Revised Proposal # UP11 -066 PROPOSAL SUBMITTED TO Owner/ Contractor CELL /Office /FAX /email DATE Eagle County 970- 471 -0385 /97Q- 328.8881 /970. 328.3539 9/19/11 Ron.siebert@eaalecountv.us STREET JOB NAME PO Box 850 Eagle River Preserve Underpin OTY,STATE AND ZIP CODE JOB LOCATION Eagle, CO 81631 Edwards, CO ENGINEER DATE OF PLANS Estimator Glenwood Structural & Civil, Inc Sheet SI & S2 dated 06/13/11 Gordon McFerron We hereby s6bmit specifications and °attnetes k r: Underpin and stabilize existing pump station including the items listed below 1) Mobilize and demobilize manpower, equipment and materials to job site. 2) Install four (4) 30 foot micropiles and attach to existing concrete slab per drawings 3) Provide and install four (4) steel connections per drawings 4) Excavate and backfill for new concrete grade beam, thickened edge, and fifteen (15) feet length of four (4) existing underground lines 5) Install new concrete grade beam per drawings 6) Provide and place flowfill for thickened edge, under existing building slab, and approximately 1 ft deep around existing underground lines * ** $32,350.00 Lump Sum * ** Additional length of micropiles will be installed at $15.50 per foot Additional bags of portland grout over 35 bags will be provided and installed at $20.00 per bag Scheduling of all work shall be by mutual agreement between Owner and MCSL Standard working hours and times are Monday through Friday, from 7:OOam to 6pm. This proposal does NOT include overtime (over 40 hours/person per week). If required by owner all overtime may be billed in addition to the Lump Sum price of this proposal. Owner shall provide: Clear Access to all work areas; Clean water within 100' of work areas; Electricity, 110v power (standard outlet) within 100' of work areas; Trash disposal and containment bin for construction debris; Removal of all personal items, furniture, plants, etc. from work areas prior to MCSI's arrival; On site area for cleanup of tools and equipment; On site area for disposal of excess excavation material; Traffic & pedestrian control; Sanitary facilities Not included in this proposal, which if required, must be provided by others or by change order: Clear access to work areas; Sealers of caulking; Plumbing or electrical; Removal & replacement of landscaping, shrubs, and trees; Surveying; Elevations or offset pins; Forming; Concrete work other than specified above; Concrete removal other than specified above; Concrete replacement other than specified above; Area on site for materials & ui ment storage; Waterproofing; Insulation; Testing of materials; Engineering; eq P g B g Bering; Permits or fees; Traffic or pedestrian control; Dewatering; Underground drainage pipes; Imported fill; Utility relocations (pot holing if needed); Temporary sanitation on site; Structural or cosmetic repairs; Drawings or blueprints; As -built drawings; Special Inspections; Masonry work; Geotechnical investigations, borings or reports; Bonding or special insurance coverage's; and any items not specifically included in scope of work above Add 1.50% for bonding We Propose to fumish material and labor, complete In accordance with above specifications, for the sum of: * ** Thirty Two Thousand Three Hundred Fifty and 00 /100 * ** dollars $ 32,350.00 vuymsnr to ue meue as meows: Total progress payments due upon invoice ( Net 20). No retainage. This proposal is tendered under the terms and conditions of ConsensusDocs 200 contract. MAYS CONSTRUCTION SPECIALTIES, INC. This Agreement is expressly subject to all the Terms and Conditions contained on the Authorized reverse of this proposal, including but not limited to the warranty provisions. By Signature acceptance of this proposal, Owner /Contractor acknowledges having read, understood, Gordon McFerron a�6 and agreed to such terms and conditions. Note: This proposal may be withdrawn by us If not accepted within 20 days. Acceptance of Proposal -The above prices, specifications and conditions set forth in this Proposal are hereby accepted. You are authorized to do the work as specified, and I agree to all Terms of this Proposal including at Terms and Conditions on the reverse side. Payment wil be made as provided Authorized Signature In this agreement Date of Acceptance: Authorized Signature EXHIBIT PLEASE SEE REVERSE SIDE FOR TERMS AND CONDITIONS ti MCSI T &C TERMS AND CONDITIONS 1. Payment Terms. The Owner /Contractor agrees to pay Mays Construction Specialties, Inc. (MCSI) for all amounts due for work performed under this Agreement. Owner /Contractor agrees to pay a FINANCE CHARGE OF 2% PER MONTH / 24% PER ANNUM, on all sums due and owing per proposal for the work under this Agreement. Owner /Contractor shall also be required to pay to MCSI all attorney fees and costs incurred to collect sums due to MCSI under the terms of this Agreement, whether actual litigation is commenced or not. No warranty work shall be performed by MCSI until Owner /Contractor has paid all amounts due under this Agreement. Failure to pay all amounts due under this Agreement in a timely manner shall void the express warranty provided below. The Owner /Contractor acknowledges that payment for work performed under this Agreement is due when complete, and MCSI is under no obligation to await payment from any insurance company obligated to reimburse Owner /Contractor for the work performed under this Agreement. 2. Work Performed. Owner /Contractor acknowledges that the anticipated work involves uncertainties regarding the exact work to be performed. MCSI may encounter unexpected and unanticipated conditions underground and under existing concrete sidewalks, slabs and foundations. Owner /Contractor hereby agrees to pay for all labor, materials and costs which are required to complete the anticipated work and to pay for all additional labor, materials and costs resulting from unexpected conditions. MCSI, however, shall, as soon as reasonably possible, advise Owner /Contractor of all unexpected and unanticipated conditions encountered and shall, if possible, provide Owner /Contractor with a summary of such conditions and an estimate of the additional labor, materials and costs. A written change order signed by both parties shall be required to approve changes to the work, additions thereto and costs associated with the changes. Owner /Contractor may terminate this Agreement upon Owner /Contractor's review of MCSI's estimate of extra labor, materials and costs needed to complete the work, provided that Owner /Contractor shall pay MCSI for all labor, materials and costs originally agreed to under this Agreement, plus actual labor, materials and costs incurred in excess of the originally estimated amount, through the date on which Owner /Contractor gives MCSI written notice to stop work under this Agreement. 3. Warranty and Disclaimers. Owner /Contractor acknowledges that unknown soil, underground conditions and other unknown conditions involving existing concrete and other improvements in the vicinity of the anticipated work can and probably will affect and be effected by the anticipated work. Because of these unknown conditions, the parties agree that MCSI shall not be responsible for damages, including cracks, heaving, swelling or settling in floors or walls, which might appear in any improvements in the vicinity of the anticipated work. MCSI shall also not be responsible for any damage to existing utilities, or other damage which occur as a consequence of the work. MCSI expressly warrants that the work performed under this Agreement shall be free of defects in materials and workmanship for a period of ninety (90) days from the date work under this Agreement is complete. This warranty and any damages arising from the work performed under this Agreement shall be limited to the dollar amount paid by Owner /Contractor to MCSI under this Agreement. The warranty shall be solely for the benefit of Owner /Contractor and shall not be transferable or for the benefit to any third party. MCSI expressly disclaims and Owner /Contractor expressly waives and releases MCSI from all claims for any express or implied warranties of any kind or nature concerning the work, including but not limited to any express or implied warranty of habitability, workmanlike construction and compliance with applicable building codes, except to the extent of and subject to the provisions of the express warranty set forth in this Agreement. The above Express Warranty is expressly intended to be in derogation of any other express or implied warranty. Owner /Contractor expressly waives any claim to and MCSI shall not be liable for any special, consequential or indirect damages arising from the work under this Agreement. All warranty rights are in consideration of your timely and full payment of all sums due under this contract. and such timely and full payment to MCSI is an express condition precedent to MCSI obligation to honor warranty claims. 4. Insurance. Owner /Contractor shall maintain fire, hazard, accident and other liability insurance, upon the premises where the work is being performed, which is acceptable to MCSI, and shall provide copies of such policies and certificates of insurance, if requested. MCSI shall maintain workers' compensation and liability insurance. 5. Damage to Improvements: MCSI shall not be responsible for any damage to or destruction of flooring materials, sidewalks, curbing, landscaping, plantings or other improvements that may be removed or which must be disturbed in order to allow MCSI to perform the work contemplated by this Agreement, and MCSI shall not be obligated to replace or reinstall such improvements unless provided in this Agreement. 6. Force Maieure: Owner /Contractor shall not be required to perform any term, condition or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean Acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, floods and any other cause not reasonably within the control of MCSI or Owner /Contractor, and which, by the exercise of due diligence, MCSI or Owner /Contractor is unable, wholly or in part, to prevent or overcome. 7. Authority. Owner /Contractor, by executing this Agreement, confirms that Owner /Contractor has full power and authority to agree to the terms of this Agreement on behalf of all Owners of the property as owner's agent and further agrees to pay all amounts due in the event of non - payment by Owner(s) pursuant to the terms of this Agreement. These Terms and Conditions are an integral part of REVISED Proposal # UP11 -066, dated 09/19/11 as shown on the front page of the Proposal. i� Owner /Contractor Initials Date - MCSI Initials ,�f Standard T &C SJ and General rev.50410 Client#: 69427 MAYSCONSI ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE 0 „ f'"Y) 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 CCWACT Catherine Sommers HUB International Ins Svcs Inc PHONE 970- 245 -8011 E ` 866-9084374 2742 Crossroads Blvd WC No, Extr. ( No): ADDRESS: catherine.sommers@hubinternational.com Grand Junction, CO 81506 PRODUCER 970 245 -8011 CUSTOMER ID 5: INSURER(S) AFFORDING COVERAGE NAIC 5 INSURED INSURER A: First Mercury Insurance Company 10657 Mays Construction Specialties, Inc y p Pinnacol Assurance Company 41190 INSURERS: P Y 2399 Riverside Parkway EMC Insurance Companies 25186 IN6URERC. P P O Box 4229 INSURER D : Grand Junction, CO 81502 INSURER E : INSURER F: CA Resident License #0757776 COVERAGES CERTIFICATE NUMBER: 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 POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE - Iv N VD - POUCY NUMBER DDIYYYY) ( PS TR INMDD1YYYY) LIMITS A GENERAL LIABILITY FMMA0036952 07/01/2011 07/01/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE i 0 RENTED 1 PREMISES (Ea occurrence) s50,000 CLAIMS -MADE In OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE _ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG s2,000,000 I 7 POLICY Fil .RT n LOC $ C AUTOMOBILE LIABLITY 3X7400312 07/01/2011 07/01/2012 COMBINED SINGLE LIMIT X ANY ALTO (Ea accident) $ 1 ,000,000 BODILY INJURY (Per person) $ I I ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS — PROPERTY DAMAGE $ X HIRED AUTOS (Per ecddenl) X NON -OWNED AUTOS _ $ — $ A X UMBRELLA LIAB _ OCCUR CUMA0005542 07/01/2011 07/01/2012 EACH OCCURRENCE $5,000,000 - EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DEDUCTIBLE $ X RETENTION $ 10000 $ B WORKERS COMPENSATION 4106526 07/01/2011 07/01/2012 X IwC sTATU- 1 I OTH LABILITY AND EMPLOYERSLABILITY TORY LIMBS FR YlN ANY PROPRIETDRIPARTAER/EXECU IVE N/A E.L. EACH ACCIDENT $1,000,000 OFFICERJMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe raider DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is requited) Eagle County is named additional insured in regards to general liability CERTIFICATE HOLDER CANCELLATION Eagle County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 850 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle, CO 81631 -0850 AUTHORIZED REPRESENTATIVE 4.Mc,, 4 I 1 ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1325981/M1256639 JHO2