HomeMy WebLinkAboutC13-058 Marathon Engineering Corporation Agreement AGREEMENT BETWEEN EAGLE COUNTY AND MARATHON ENGINEERING CORPORATION THIS AGREEMENT is made this �Tb'day of March, 2013, by and between Eagle County ( "County "), and, Marathon Engineering Corporation ( "Contractor "), a Florida corporation with a rind al place of business at p p 5615 2 Street West, Lehigh Acres, Florida 33971. WHEREAS, County desires to remove the existing wall, floor and door padding in the seclusion room and replace it with new Gold Metal Safety Padding in the Justice Center Detentions (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 materials and services 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 agrees to procure the materials and ( "Materials ") and provide all services, labor, personnel and materials to perform and complete the procurement and installation services set forth in Exhibit A (hereinafter "Services" or "Work ") which is attached hereto and incorporated by this reference. Contractor will use its expertise and skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit A, this Agreement shall control. In addition to installing the new Gold Metal Safety Padding as described in Exhibit A, Marathon Engineering Corporation will make repairs to the existing ceiling and paint it with the same material and color as the walls. 1.2 County shall have the right to inspect all Work prior to acceptance. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Work for any reason in its sole discretion, then Vendor shall upon County's request and at no charge or cost to County (i) take the Materials back, (ii) exchange, or (iii) repair the Materials. 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. All guarantees or warranties shall survive termination. 3.2 The term of this Agreement may be extended or modified and the scope of services may be changed upon a written amendment to this Agreement signed by both parties. 1 ambis 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 Twen -four thousand one hundred ninety nine dollars ($24,199) without a signed amendment to the Agreement. 4.2 A thirty percent deposit is due prior to commencement of material production. Payment for the remainder of the Services will be made for Services satisfactorily performed 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. U on 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 as stated in 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. 4.5 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any matter or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. ARTICLE 5— CONTRACTOR'S REPRESENTATIONS /WARRANTIES In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor shall deliver the Materials and perform the Services no later than 45 days after the Agreement is executed. 5.2 Contractor has familiarized itself with the intended purpose and use of the Material, 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. 5.3 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 Materials and Services and shall prepare Materials and perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Contractor's providing similar Materials and Services. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. 2 Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 5.7 In addition to any specific guarantees required by this Agreement and any other documents related to this Agreement, Contractor promises the Materials will be new and promises to perform the Work in a workmanlike manner and guarantees all Work against defects in Materials or workmanship for a period of one (1) year from date the Work is completed, or such longer period as may be provided by law or as may be included in the plans and specifications. 5.8 All guarantees and warranties of Materials furnished to Contractor or subcontractors by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Materials furnishes a guarantee or warrantee for a period longer than one (1) year from the date the Work is completed, Contractor's guarantee shall extend for a like period as to such Materials. 5.9 Contractor warrants that title to all Work and Materials and warrants that Contractor purchased all Materials free and clear of all liens, claims, security interests or encumbrances. 5.10 Contractor assumes all risk of loss with respect to the Materials until title to the Materials passes from Contractor to County, at which time County shall assume all risk of loss with respect to the Materials. Notwithstanding anything to the contrary herein, title shall pass to County after Contractor has installed the Materials and Owner has inspected and approved the Materials as installed. 5.11 Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without interruption to County's occupancy: a) Any defects in Materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and b) Any damage to other Work or property caused by such defects or the repairing of such defects. 5.12 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. 5.13 Warranties required by this Agreement shall commence on the date of completion of the Work and acceptance of the Materials by County and shall terminate one (1) year after such date or such longer period as may be agreed to by the parties or as may be required by applicable law. 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, Exhibit A and Exhibit B. 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. 3 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 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 7.4.5 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. 4 • 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 The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) to the extent applicable shall comply with the provisions of C.R.S. 24- 76.5 -101 et. seq., and (c) has produced one form of identification required by C.R.S. 24- 76.5 -103 prior to the effective date of this Agreement. 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. 7.7 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 or sub - contractor 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 or sub - contractor, as approved by County and to the extent of the Services to be performed by the sub - consultant or sub - contractor, 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 attorney fees and costs. legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to 5 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: 10.1 All documents (including electronic files) and 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 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 -8786 (p) (970) 328 -8899 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (1) The Contractor: Marathon Engineering Corporation 5615 2 Street West Lehigh Acres, Florida 33971 (239) 303 -7378 (p) (239) 303 -7364 (1) 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 6 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: 14.1.1 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; 14.1.2 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. 14.1.3 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. / /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 its County Manager By: .��41= na eith Montag CONTRACTOR: MARAT ON ENGINEERING CORPORATION By: Title: TY4A1WOr 141) CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF FLORIDA ) ss. COUNTY OF \ eP. ) The foregoing instrument was acknowledged before me by - /En onY1 , of rn& rq pn k vree iC \this a day of FP VThrV R ei , 2013. Ccpcp s c My commission expires: Notary Public 3 "s SNANNON SADUR L i Notary Public - State of Florida / My Comm. Expires Dec 16, 2016 �E ��n nN Commission # EE 858545 Ep ' 8 in MARATHON ENGINEERING CORPORATION 5615 2 " STREET WEST LEHIGH ACRES, FL 33971 PH: (239) 303 -7378 FX: (239) 303 -7364 February 20, 2013 PROJECT QUOTE: EAGLE COUNTY JAIL SECTION: Safety Padding PROJECT LOCATION: Eagle, CO CONTACT: Ron Siebert, Facilities Project Manager, (970) 328 -8881 SCOPE OF WORK: Manufacture, furnish, deliver and install Gold Medal Safety Padding to one (1) room in the above facility. The room has existing padding and is approximately 14.91' x 6.2' x 8' in height. Marathon will remove the existing padding and place refuse in dumpster provided by others. Gold Medal Safety Padding is to be installed on the walls, floor, interior sides of the doors and window /door frames within the rooms. Pricing includes one mobilization and is valid from 60 days from date on quote. Any applicable permits /license fees and applications are not included and will be completed by others. CUSTOM COLORS: Walls and ceiling = SW6778 Aviary Blue Floor= SW6773 Rapture Blue PRICE: ** *Twenty-four thousand one hundred ninety -nine dollars ($24,199) PAYMENT DISCOUNT: Marathon Engineering Corporation offers a 9.25% ($2,238) discount for payment in full PAYMENT TERMS & CONDITIONS: I. Pricing is derived from the dimensions and the Scope of Work that is expressively listed on this quote, unless otherwise indicated. Any variance in dimensions greater than 2% or any additional surfaces to be padded (i.e. ceiling when not listed) will need to be considered in the form of a written change order. 2. For projects in excess of four (4) individual rooms, it is understood that Marathon Engineering Corporation will be paid for fabricated products stored at its plant within thirty (30) days of invoice date. Marathon Engineering Corporation will issue appropriate Bills of Sale and carry insurance protecting such products. 14 thirty percent deposit is due prior to commencement of material production Payment terms are Net 30 from date of invoice, unless expressively stated otherwise. 4. Late payments shall accrue interest at a rate of 1.5% per month. EXHIBIT 5. The wall and floor color for the padded room will be ceiling SW6778 Aviary Blue color, Floor SW6773 Rapture Blue. 6. Marathon Engineering Corporation, manufacturer and installer for Gold Medal Safety Padding will supply warranty for all material furnished and work performed in conjunction with the above referenced project, in accordance with the Contract Documents and authorized modifications thereto, and will be free from defects due to defective materials or workmanship for a period of one (I) year from the Date of Substantial completion, which is the last day that Marathon Engineering Corporation is physically working on the project jobsite excluding aesthetic, remedial, and punch list work. 1. Pricing excludes any payment or performance bonding. 8. Marathon will place all refuge in container /dumpster provided and removed by others. 9. Pricing includes one (I) mobilization of materials and crew to job site. EXPIRATION: This Contract Proposal expires sixty (60) calendar days from the date issued unless earlier withdrawn or extended in writing. Please do not hesitate to contact me with any questions or if I can be of any assistance. I can be reached at our offices at (239) 303 -7378 or via email at williamwiggs @aol.com. Thank you once again for your consideration. Sincerely, William L. Wiggs Director of Operations and Sales DECOfloor Division/ Marathon Engineering Corporation/ LEED GA 2 MARATHON -1 HBCT20 '4 ROY CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 2/28/2013 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 License # 0564249 CONTACT (MP) Heffernan Insurance Brokers PHONE 1 650 FAX 1 842 -5201 46608 O'Brien Drive . (A/c, No, Ext): ) 842 -5200 (A/C, NO ( 650 ) Menlo Park, CA 94025 E-MAIL — ADDRESS: _ INSURER(S) AFFORDING COVERAGE NAIC N INSURER A : Liberty Surplus Insurance Corporation INSURED INSURER B:AMCO Insurance Company 19100 Marathon Engineering Corp. INSURERC:Torus Specialty Insurance Company 44776 5615 Second St. West INSURERD: Lehigh Acres, FL 33971 INSURER E: INSURER F : 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. F POLICY EXP - ILTR GENERAL LIABILITY — A POLICY EF I �UCY NUMBER AMMIDD/YVYY) (MMIDD/YYYV) EACH OCCURRENCE LIMITS 1,000,000 LTR TYPE OF INSURANCE I A X COMMERCIAL GENERAL LIABILITY X 1000006490 - 5/15/2012 5/15/2013 DAMAGE T6RENTED " - PREMISES_(Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ X Policy Aggregate $5M - PERSONAL & ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 1 1ECT POLICY [^ PRO- LOC $ — _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B X ANY AUTO ACP7824051069 6/5/2012 6/5/2013 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS ( ) X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE AUTOS SPER ACCIDENT) $ $ — — X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS - MADE 59906B120AL1 5/15/2012 5/15/2013 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION wC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A — (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OPERATIONS below E.L. DISEASE - POLICY LIMIT $ — — _L -- DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Eagle County Jail. Eagle County Jail is named as additional insured on the General Liability policy if required by written contract per attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County Jail THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3289 Cooley Mesa Road Gypsum, CO 81637 AUTHORIZED REPRESENTATIVE EXHIBIT © 1988 -2010 ACORD CORPORA ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Client #: 64826 MAREN2 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) 2/28/2013 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(les) 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 Norma Sanchez NAME: Gulfshore Insurance - Naples PH /C O , N EM): 239 261 - Fat, No): 239 213 -2875 4100 Goodlette Road North E-MAIL ES: nsanchez@gulfshoreinsurance.com Naples, FL 34103 -3303 239 261 -3646 INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Amerisure Insurance Company INSURED INSURER B : Marathon Engineering Corporation — - — dba: Gold Medal Safety Padding INSURER C 5615 2nd Street West INSURER D INSURER E : Lehigh Acres, FL 33971 INSURER F 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea oNcur ante) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY PRO- LOC $ JECT 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) UMBRELLA LIAB — OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ A AND EMPLOYERS' COMPENSATION Y/ N WC205943104 01/19/2013 01/19/2014 X I WORT LIMITS I 1 ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER /MEMBER EXCLUDED? y 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 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Eagle County Jail CERTIFICATE HOLDER CANCELLATION Eagle County Jail SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3289 Cooley Mesa Rd ACCORDANCE WITH THE POLICY PROVISIONS, Gypsum, CO 81637 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S623620/M61331 NSA