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HomeMy WebLinkAboutC13-179 Hepworth Pawlak GeotechnicalAGREEMENT BETWEEN EAGLE COUNTY AND HEPWORTH- PAWLAK GEOTECHNICAL, INC. THIS AGREEMENT ("Agreement ") is made this 9th day of 1416 , 2013, by and between Eagle County, Colorado ("County"), and, Hepworth- Pawlak Geotechnical, Inc., a Colorado Corporation, ( "Contractor") WHEREAS, County desires to retain Contractor for subsurface exploration, geotechnical and pavement section recommendations for the driveway and parking lot improvements for the Justice Center, 885 Chambers Ave, Eagle, Colorado (the "Facility"). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide subsurface exploration 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 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 provide all services, labor, personnel and materials to perform and complete the services set forth in Exhibit A entitled Proposal for Subsoil Study for Distressed Parking Lot Pavement, Eagle County Justice Center dated June 19, 2013 and identified as Proposal Number 103 -13 (hereinafter "Services" or "Work") which is attached hereto and incorporated by this reference. The parties agree that the services shall include four borings in the parking lot area and location of underground utilities. Contractor shall be solely responsible for refilling the boring holes and for any damage to or repair of utilities required as a result of the Work. Contractor will use its expertise and skill to perform the Services. Services shall be performed in accordance with the professional standards consistent with services provided by nationally recognized firms with expertise in geotechnical engineering practicing in the area of the Facility. In the event of any conflict between the contents of this Agreement and Exhibit A, this Agreement shall control. The Work shall be completed as set forth in Exhibit A. 1.2 Unless otherwise agreed, County will furnish right -of way entry for Contractor and Contractor's sub - consultants /subcontractors to make borings, surveys and/or conduct other surface or subsurface explorations. Contractor and its sub - consultants /subcontractors will take reasonable precautions to reduce damage to property. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Engineering 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. Timing for the Services is set forth in Exhibit A. The parties agree that time is of the essence in performance of the Services. (��2) -1 -4� 3.2 The Agreement may be modified and the scope of Services may be changed upon a written amendment to this Agreement signed by both parties. ARTICLE 4 — COMPENSATION 4.1 For the Services to be provided hereunder, County will pay Contractor the amounts and at the rates provided in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed two thousand and eight hundred dollars ($2,800) without an amendment to the Agreement agreed to and executed by both parties. 4.2 Payment 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 and any reimbursable expenses. Reimbursable expenses shall be billed at cost with no mark up. 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 written approval in accordance with a budget adopted by the Board of County Commissioners 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 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 geotechnical engineering services of a similar nature. 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. N C� C 5.7 Contractor shall be responsible for the completeness and accuracy of the Work, including all supporting data and other documents prepared or compiled in performance of the Work including Work performed by its employees, agents or sub - contractors, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Work shall not relieve Contractor of any of its responsibilities. 5.8 Contractor represents that its professional personnel are, and covenants that is professional personnel shall at all times remain, duly licensed to perform the Services. 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 and Exhibits A and 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. 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 -I -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 3 (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: hM:// www .dhs.gov/xpreyprot/proarams /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. 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. 7.6.1 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 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. 4 G 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 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 negligent 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 the extent that the County is liable to such third party for such claims without regard to the involvement of the Contractor. 9.2 Notwithstanding anything to the contrary in this Agreement or in Exhibit A, damages due to or arising from professional negligence, breach of contract, or any cause of action, shall be limited to the limits of Contractor's insurance as required in this Agreement. 9.3 The indemnity and hold harmless provisions of this Agreement shall survive expiration or termination hereof. Eagle County and Contractor hereby certify and agree that the indemnity and hold harmless provisions of this Agreement have been freely and mutually negotiated. ARTICLE 10 - 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 become the property of County upon payment for the Services. Contractor shall provide all documents to County upon payment therefor. 10.2 All samples of soil and rock will be discarded thirty (30) days after report submittal. Upon County's request and authorization, samples will be delivered in accordance with County's instructions or stored for an agreed charge. 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, fast class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eva Wilson, PE Eagle County Engineering Dept P.O. Box 850 Eagle, Colorado 81631 (970) 328 -3562 (p) (970) 328 -8789 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Contractor: Hepworth Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, CO 81601 (970) 945 -7988 (p) (970) 945 -8454 (f) 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: 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. The policy shall be endorsed to include Eagle County as an additional insured. reel 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 14.1.4 Professional Liability (Errors and Omissions) Insurance with prior acts coverage for all Services and additional Services required hereunder, in a form and with insurer or insurers satisfactory to County, with limits of liability no less than $1,000,000 per claim and $1,000,000 in the aggregate. In the event the professional liability insurance is on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during the applicable statutes of limitations provided that coverage is commercially available at a reasonable premium. Contractor shall provide thirty (30) days' notice to Eagle County prior to cancelling such insurance during the applicable statute of limitations period. 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 Manager By. J Keith Manta ., County Manage CONTRACTOR: HEPWO - PAWLAK GEOTECHNICAL, INC. By: _ Title: C; 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 14.1.4 Professional Liability (Errors and Omissions) Insurance with prior acts coverage for all Services and additional Services required hereunder, in a form and with insurer or insurers satisfactory to County, with limits of liability no less than $1,000,000 per claim and $1,000,000 in the aggregate. In the event the professional liability insurance is on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during the applicable statutes of limitations provided that coverage is commercially available at a reasonable premium. Contractor shall provide thirty (30) days' notice to Eagle County prior to cancelling such insurance during the applicable statute of limitations period. 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 Manager R-A Keith Montag, County Manager CONTRACTOR: HEPW - PAWLAK GEOTECHNICAL, INC. By: L'W Title: �/ ' ©E'G J he, er 7 H G�=,61'tech HEP WORTH - PAWLAK GEOTECHNICAL June 19, 2013 Eagle County Engineering Dept, Attn: Eva Wilson 500 Broadway Eagle, Colorado 81631 eva.wilsonQeaelecount r�us CrI llcpcotf�o-Pae •�a�ri:enic.�mica�, lac. 5020 Cawt)y Road 154 lidenmood sprinpo, Codnra,dn SI(')I Plua,c. 970 - 935 -7969 Fax: 970 - 945 -8454 Ian :id: d,ptica( +dryrgcntacd,.cmn Proposal No. 103 -13 Subject: Proposal for Subsoil Study for Distressed Parking Lot Pavement, Eagle County Justice Center, 885 Chambers Avenue, Eagle, Colorado Dear Eva: We are pleased to submit this proposal to conduct a subsoil study at the subject site. The proposal is based on our discussions with you, the site plan provided and our experience in. the area. We previously performed a subsoil study for design of the Justice Center Annex parking lot to the east of the subject site and submitted our findings in a report dated August 29, 2003, Job No. 103 528. Project Data: The distressed pavement area is the middle portion of the parking lot on the north side of the Justice Center building. The distressed are is about 250 feet in length and 35 to 45 feet wide. The asphalt pavement is planned to be reconstructed with a new concrete valley pan trending through the middle of the parking lot. Three borings have been requested. Scope of Services: We recommend drilling four borings in the parking lot area. We expect to encounter fine grained, sandy to silty soils below the existing pavement section and possible fill, and assume the borings will be 5 feet deep. The borings will be logged by a representative of our office and checked for groundwater prior to backfilling and patching. We will have underground utilities located in the area of the borings prior to the drilling. Laboratory testing of samples taken from the borings will be performed to determine their engineering characteristics. The information obtained from the field and laboratory testing will be analyzed and a report prepared discussing our findings and providing recommendations for concrete and asphalt pavement section designs, compaction of earthwork, and subgrade improvements and stabilizatiori as needed if soft subgrade conditions are encountered. Cost: The total cost to perform the scope of services will be $2,800. The fee will be based on the unit costs and other costs presented in the attached Fee Schedule. We will not exceed the fee without justification and prior authorization. Parleer 303 - 841 -7J 19 • Colorado Springs 719- 633$562 • Silvert,hor:ic 970 - 468 -1989 Eagle County Engineering Dept. June 19, 2013 Page 2 Additional scope of services will be performed based on the unit charges and Terms and Conditions of the attached Fee Schedule. Schedule: We propose to initiated t services within 1 week of notice to proceed. Preliminary design information by available within * wt 1 week after completion of the field exploration and the report be completed within another 1 to 2 weeks. We will keep you advised of our progress and any changes that are encountered. Acceptance: If this proposal meets with your approval, please sign a copy and return it to us. If you have any questions, please contact the undersigned. Thank you for the opportunity of submitting this proposal. We are looking forward to working with you. Sincerely, HE�PWORTH - PAWLAK GEOTECHNICAL, INC. '44 ~ David A. Youn E. DAY /ksw Accepted this date: by: Signed Proposal Na. 143 -13 � � ■ � � � �� i I hIGpWGR'!'Ft•p tech AWLAK GEOTECHNlCAL 2013 FEE SCHEDULE GLENWOOD SPRINGS PROFESSIONAL SERVICES HEPWORTH - PAWLAK GEOTECHNiCAL, INC. 5020 County Road 954 Glenwood Springs, Colorado 81609 Phone: 970.945 7988 Fair. 970 -945 -8454 e -mail: hpgea@hpgeotech.com FIELD EXPLORATION Truck-mounted drill rig Longyear BK -5114D or CME -4513 ........... CMB- 55............ .......................................... ......................$150/hour ................ ............................... ...... ............................... $165/hour Mobilization ........................................ ............................... ,$¢.00 /mile . All tezxain drill rig ........................................................................ ............................... Crewtravel...... ............................... ...................... Cost + 20% ................................................. ..................:............ $ 75 /man/hour Special equipment (backhoe, drill bits, well supplies, etc.). Field Engirt ...... ............................... ..................... ...................... Cost + 20 °!0 Overtime (over 8 hours/da Satttrda,..S .... ,.,........ i....., ....< .......................... $75/hour ................ Y� y, Sunday and Holidays) .........................1.5 x hourly rate LABORATORY TESTING Fee schedule available on request, CONSTRUCTION OBSERVATION AND MATERIALS TESTING Fee schedule available on request, ENGINEERING (Includes projectplanning, administration, analysis, consultation, report preparation, field and travel time. Expert witness service has a 50% premium hourly rate.) Principal............. ............................... Senior Project Manager ............. ....................,.......................... ..........,.................... $180/hour ProjeProject Manager er ................................................................. ......................$150/hour ct anagEngineer /Geolo .......................... ............................... $130/hour Pmject Engineer/ Geologist..... gist .................................................. ............................... $110/hour StafEngineer /Geologist ..................... ..................... ..,............................ $100/hour CAD/Dratiin ..... ....................................... ....................: ....... ... $90/hour WordProcessing ................................................................................. ........I..................... $75/hour . ................... $551hour OTMR DIRECT CHARGES Auto or pickup mileage .......... .. ............................... .......................... ............................... $70 /mile Qut of town living expenses, equipment rental, supplies, etc .......................... .......... Cost + 20% REMARK'S Late fee of $30.00 or 1.5% per month (whichever is the greater) charged 30 days from invoice date plus collection costs, bank charges and reasonable attomey's fees. Up to 3 copies of report provided for each project. Minimum 2 hour trip charge per day for field engineer or technician. T— -d conditiaw an 8uk Wih— H&cl[ve Ssmury I, 2013 � 3� A+CaR ©® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 6/25/2013 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 CONTACT NAME: Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 PHONE C No: E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # /16/2013 INSURER A:Endurance America Specialty $1,000,000 INSURED INSURER B:CHARTER OAK FIRE INSURER C 7ravelers :Travelers Indemnity Company C Hepworth - Pawlak Geotechnical, Inc. INSURER D: $1,000,000 5020 Road 154 Glenwood Springs CO 81601 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1968125311 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 LTR TYPE OF INSURANCE ADD INSR S BR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MMIDD/YY W LIMITS B GENERAL LIABILITY Y Y . 68052811-180 /16/2012 /16/2013 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY COMMERCIAL AMAGE TO PREM SES Ea occu RENTED $1,000,000 CLAIMS -MADE a OCCUR MED EXP (Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY X PRO- LOC C AUTOMOBILE LIABILITY Y Y BA6541 N825 /16/2012 /16/2013 Ea accident $1,000,000 BODILY INJURY (Per person) $ %( ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X NON -OWNED HIRED AUTOS IX AUTOS C X UMBRELLA LIAR X OCCUR Y Y CUP7311YB25 /16/2012 /16/2013 EACH OCCURRENCE $3,000,000 AGGREGATE _ EXCESS LIAB CLAIMS -MADE DED X I RETENTION $10,000 _$3,000,0_0_0____ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? a A NIA y UB3215T724 /16/2012 /16/2013 X WC STATU: I OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $1,000,000 A Professional / Pollution PPL10003292101 /16/2012 /16/2013 Per Claim $1,000,000 Liability- Claims Made Annual Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non - contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers' Compensation. Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Engineering Department ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Eva Wilson P.O. Box 850 AUTHORIZED REPRESENTATIVE Eagle CO 81631 -0850 1* 0*1 EXHIBIT ©1988 -2010 ACORD CORPO ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD