No preview available
HomeMy WebLinkAboutC14-002 Rocky Mountain Elevator, LLC Agreement AGREEMENT BETWEEN EAGLE COUNTY AND ROCKY MOUNTAIN ELEVATOR, LLC THIS AGREEMENT is made this I' day of t,1 ,1 , 2013, by and between Eagle County ("County"), and, Rocky Mountain Elevator, LLC ("Contractor'), a limited liability company, with a principal place of business at P.O. Box 273, Wolcott, CO 81655. WHEREAS, County desires to have maintenance and service performed quarterly on the elevator located at the Eagle County Regional Airport inside the Air Traffic Control Tower(the "Facility"). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said product and/or services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services and related 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 preventative maintenance services set forth in Exhibit A (hereinafter "Services" or "Work") which is attached hereto and incorporated by this reference. The Services will consist of one preventative maintenance visit per quarter, for a total of four visits per calendar year. Contractor will use its expertise, skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit A, of this Agreement shall control. ARTICLE 2 —COUNTY'S REPRESENTATIVE 2.1 The Airport's Administrative 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. 3.2 The term of this Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Further, 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 provided in Exhibit "A." The maximum amount of compensation under this Agreement shall not exceed One Thousand, Eighty Dollars ($1,080.00) without a signed amendment to the Agreement. Additional services will be available at the rates provided in exhibit A only upon amendment to this Agreement signed by both parties. 4.2 Payment will be made on a biannual basis for Services satisfactorily performed within thirty(30) days of 1 . receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.3 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 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 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 service and maintain the elevator quarterly to include preventative maintenance. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. ARTICLE 6—ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement including Exhibit A and Exhibit B. The Agreement may only be altered, amended, or repealed in writing. 2 • 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. § 29-1-101 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: 3 (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 7.4.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). 7.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 7.5 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. 7.5 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.6 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub-consultant 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 be solely responsible for any Work performed by a sub- consultant or sub-contractor and 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. 7.7 The Facilities Management Department designee shall be authorized to sign change orders increasing the scope of work and associated compensation within the budget constraints set for the Project. Change orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. 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. 4 • 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 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 Regional Airport P.O. Box 850 Eagle, Colorado 81631 (970) 328-2680 (p) (970) 328-2687 (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: Rocky Mountain Elevator, LLC P.O. Box 273 5 • Wolcott, CO 81655 (970) 331-3368 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. 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 and companies Conveyance Contractor License is attached hereto as Exhibit B. //SIGNATURE PAGE TO FOLLOW// 6 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its County Manager By: ��»•�- Keith Montag CONTRACTOR: [INSEil/LA T CONTRACTOR NAME] ��� �/�. By: V y � ! G Title: Q4,)61QX" CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF �� (or a_ce,4-7 ss. COUNTY OF O. t ) he foregoing instrument was acknowledgeryd)efore me by�ps�K 6-���. 0e/, of / c' y 0`�v�.-,rI Q (eva tO this o,;2 day of .'Q r y , 2-01*- c2,0/ �r My •.m ission expires:_06 '_ _ +j.. GIOVANNA HARKAY ary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084022021 MY COMMISSION EXPIRES JUNE 24, 20i6 7 EXHIBIT A 8 Rocky Mountain Elevator LLC P.O. Box 273 Wolcott, CO 81655 970-331-3368 mark @rockymountainelevator.com PROPOSAL FOR ELEVATOR MAINTENANCE SERVICE DATE: October 29,2013 PROPOSAL NUMBER: PMP-5139 TO: BUILDING: Kathy Lawn Eagle County Airport A.T.C.T. P.O. Box 850 0215 Airport Road Eagle,CO 81631 Gypsum,CO 81637 EQUIPMENT DESCRIPTION 1 Otis 8 Stop Roped Hydro ROCKY MOUNTAIN ELEVATOR LLC("RME", "we")20 Harrier Circle, Eagle,CO 81631 and Eagle County Airport A.T.C.T.,0215 Airport Road, Gypsum, CO 81637("you")agree as follows: ROCKY MOUNTAIN MAINTENANCE SERVICE We propose to furnish elevator maintenance on the equipment("Unit")described above. We offer a preventative maintenance service intended to protect your investment,extend equipment life and provide a high level of performance and reliability for your equipment. Upon arrival we will check in with the customer to see if there are any problems that might exist. During our service visits we always ride, look and listen for anything that might not seem right with your elevator. We will check all car and hall push buttons,and direction arrows and position indicators for proper operation. We make sure emergency phones,stop switches and alarm bells are working properly. We will check all door contacts, gate switches and door protection devices as door equipment is used more than any other component in elevators. We check all equipment that needs lubricated for proper lubrication. We look at and check electrical connections,as loose connections can cause intermittent problems. We will check the control panel. We inspect the motor,pump unit for leaks and proper belt tension(where applicable). We will clean the car top, pit,and mechanical room. Good housekeeping enables us to notice a small leak before it turns into a big one. TERM This Agreement will be for one year,beginning at a date to be determined and shall renew for subsequent similar periods, unless terminated by either party upon written notice received by the other party at least 90 days prior to the above termination date or any renewal termination date. II PRICE In consideration of the Services provided hereunder,you agree to pay RME the sum of$90.00 per month, payable in an annual installment of$1,080.00,exclusive of applicable taxes,subject to payment terms and Price Adjustment set forth below.You agree to pay,as an addition to the price herein,the amount of any current or future sales, use,excise or other tax applicable to the Services provided hereunder. You may choose to make payments on a semi-annual basis,$540.00(initial here if semi- annual ),or quarterly payments, (initial here if quarterly$270.00 ). This cost includes one quarterly Preventative Maintenance visit. Elevator service,trouble or repair calls that come in during normal business hours(Monday through Friday 8:00 a.m.—4:30 p.m.)will be covered at no additional charge. Calls that could incur charges would be at our normal contract rate of $125.00 per hour during normal business hours and$175.00 an hour for overtime calls. These are examples where we might charge for the call: Power Failure,Water Damage,Vandalism Acts, Fire Damage, Fire Service issues within the buildings system, key switches in the wrong position, upon arrival we have no access to building entry and doors knocked off the tracks. PRICE ADJUSTMENT The contract Price will be adjusted annually,as of the date of the local labor rate adjustment,and will be increased or decreased on the basis of changes to the local straight time hourly billing rate for mechanics. Price increase not to exceed 3%. HOURS OF SERVICE We will perform the Services during our regular working hours of regular working days, Monday through Friday 8:00—4:30. The Services include callbacks for emergency minor adjustment callbacks during regular working hours. If you authorize such callbacks outside regular working hours after 4:30 PM or Saturday,Sunday or elevator trade holidays you will be billed double-time. The cost of any parts not covered will also be billed. ACCEPTANCE Upon acceptance of this proposal,a detailed contract with Terms and Conditions will be provided. Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized representative will be required to validate this agreement. This quote is valid for sixty(60)days from the proposal date. Proposed: Accepted: By: Mark Nothnagel By: For: Rocky Mountain Elevator LLC For: Eagle County Airport A.T.C.T. Title: Member Title: EXHIBIT B 9 ACC:7 CERTIFICATE OF LIABILITY INSURANCE DATE`MM,°°, YY' 11/07/2013 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: JM Associates / Burnham + Company PHONE FAX A Division of HUB Northeast (E-MAIL A/C.No,Ext): (201) 585-6500 (A/C,No): (201) 585-6590 One Bridge Plaza North, Suite 445 ADDRESS: Fort Lee NJ 07024 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Underwriters Insurance Co. 30104 INSURED Cus#266539 INSURER B: ROCKY MOUNTAIN ELEVATOR INSURER C: INSURER D: P.O. BOX 273 WOLCOTT,CO 81655 INSURERE: 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY POLICY EXP MI LIMITS LTR INSR WVD POLICY NUMBER (MDDIYYYY YYY) (MMIDD/YYYY) A GENERAL LIABILITY X 13UEN0J6421 06/10/2013 06/10/2014 EACH OCCURRENCE S1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S3,000,000 POLICY X JECT LOC Max Annual Agg $10,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) S 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 S DED RETENTION$ _S WORKERS COMPENSATION WC STATU- IOTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION Eagle County Airport ATCT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0215 Airport Road ACCORDANCE WITH THE POLICY PROVISIONS. Gypsum, CO 81637 AUTM REf RESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Doc#7250049 Certholder #: 20 ROCKY MOUNTAIN ELEVATOR POLICY NUMBER: 13UENOJ6421 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locatlon(s)Of Covered Operations Any person or organization for whom you are performing Any location within the"coverage territory" operations when you have agreed that such person or organization be added as an additional insured on your policy under: 1. A written contract or agreement that is in effect dur- ing the term of this policy and such contract is en- tered into prior to the"occurrence"of any"bodily in- jury,"property damage","personal injury",or"ad- vertising injury"; or, 2. An oral contract or oral agreement with a person or organization when a certificate of insurance show- ing that person or organization as an Additional In- sured has been issued;and such oral contract or oral agreement is in effect during the term of this policy and is entered into prior to the"occurrence" of any"bodily injury","property damage","personal injury",or"advertising injury." Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury', "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused,in whole or in part,by: 1. Your acts or omissions;or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. CG 2010 07 04 ®ISO Properties,Inc.,2004 Page 1 of 2 01 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Page 2 of 2 ©ISO Properties, Inc.,2004 CG 2010 07 04 0 ROCKY MOUNTAIN ELEVATOR • POLICY NUMBER: 13UENOJ6421 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization for whom you are perform- Any location within the"coverage territory",and for all ing operations when you have agreed that such person completed operations or organization be added as an additional insured on your policy under: 1. A written contract or agreement that is in effect during the term of this policy and such contract is entered into prior to the"occurrence"of any ''bodily injury","property damage","personal in- jury",or"advertising injury'; Or, 2. An oral contract or an oral agreement with a person or organization where a certificate of insurance showing that person or organization as an Additional Insured has been issued;and such oral contract or oral agreement is in effect during the term of this policy and such contract is entered into prior to the"occurrence"of any "bodily injury","property damage","personal in- jury",or"advertising injury"; Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties,Inc.,2004 Page 1 of 1 ❑ Hof DEPARTMENT OF LABOR AND EMPLOYMENT R1 i Division of Oil and Public Safety A Conveyance Section ,_946„, ;, DEPARTMENT OF LABOR AND (303)318-8526 Fax(303)318-8534 s� °� z EMPLOYMENT 'raag " Division of Oil and Public Safety Conveyance Section � 4 s.^'/•�'" (303)318-8526 Fax(303)318-8534 Issue bate: 07/01/2013 Expiration ' a76.•� Receipt for payment of$50 00 for Date:06/30/2014 that This Is to Conveyance Contractor ROCKY MOUNTAIN ELEVATOR License#10-001245 is qualified as a Conveyance Contractor License#: 10-001245 06/30/2014 Expiring. Subject to the conditions prescribed by the Elevator and Escalator Certification Act or any rule adopted MARK NOTHNAGEL pursuant to this Act, is authorized to perform the activity type listed above in the State of Colorado PO BOX 273 under this license certificate. [WOLCOTT, CO 81655 mark(grockymtnelevator.com Colorado Department.af Labor and Employment Division..of Oil and PublisSafety Conveyance Section This is to ceitify that MARK:NOTHNAGEL<< is qualified,as a Type 1 Conveyance Meohani' Excluding Escalators and Moving;Walks License Number , piration Date 108-000418 •v° 06/30/2014 l