HomeMy WebLinkAboutC14-458 Old Castle SW Group i AGREEMENT FOR SANDING MATERIALS BETWEEN EAGLE COUNTY,COLORADO AND - OLD CASTLE SW GROUP I THIS AGREEMENT("Agreement")is effective as of the 1 j ,9 day of ' ' r,2014 by and between Oldcastle SW Group,Inc.,a Colorado corporation(hereinafter"Vendor")and Eagle County,Colorado,a body corporate and politic(hereinafter"County"). RECITALS WHEREAS,County desires to purchase Two Thousand(2,000)tons of #4 crusher fines and One Thousand(1,000) tons of 1/4 x 3/8 chips crushed (hereinafter"Sanding Materials"or"Materials")from Vendor;and WHEREAS,Vendor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the Sanding Materials as set forth below in Paragraph I hereof;and WHEREAS,this Agreement shall govern the relationship between Vendor and County in connection with the procurement of said Materials. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises,Vendor and County agree as follows: 1. Materials. Vendor agrees to furnish to County the Materials described in Exhibit A which is attached hereto and incorporated herein by reference.The Sanding Materials shall be provided in accordance with the provisions and conditions of this Agreement. a. Vendor agrees to furnish the Sanding Materials in accordance with the schedule established in Exhibit A. If no date is specified in Exhibit A,then Vendor agrees to furnish the Sanding Materials in a timely and expeditious manner. By signing below,Vendor represents that it has the expertise and personnel necessary to properly and timely provide the Sanding Materials. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. c. County shall have the right to inspect Sanding Materials. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Sanding Materials for any reason in its sole discretion,then Vendor shall upon County's request and at no charge to County: i. take the Sanding Materials back; ii. exchange the Sanding Materials 2. County's Representative. The Road and Bridge Department's designee shall be Vendor's contact with respect to this Agreement. Lld- 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of Paragraph 10 hereof,shall continue in full force and effect through the 31'`day of December,2014. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional Sanding Materials shall be provided by Vendor unless and until Vendor has obtained written authorization and acknowledgement by County for such additional Sanding Materials in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Sanding Materials,and no claim that County has been unjustly enriched by any Sanding Materials,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder. in the event that written authorization and acknowledgment by County for such additional Sanding Materials is not timely executed and issued in strict accordance with this Agreement,Vendor's rights with respect to such additional Sanding Materials shall be deemed waived and such failure shall result in non-payment for such additional Sanding Materials. 5. Compensation. County shall compensate Vendor for the Sanding Materials in a sum computed and payable as set forth in Exhibit A. The Materials under this Agreement shall not exceed Forty Eight Thousand Dollars ($48,000.00). a. Payment will be made for Sanding Materials satisfactorily delivered and accepted by County within thirty(30)days of receipt of a proper and accurate invoice from Vendor. All invoices shall include detail regarding the Sanding Materials and such other detail as County may request. b. If,at any time during the term or after termination or expiration of this Agreement,County reasonably determines that any payment made by County to Vendor was improper because the Sanding Materials for which payment was made were not provided as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County,Vendor shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County,if any,shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor 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. d. 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 Vendor in respect of any period after December 31 of any year,without an appropriation therefor 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). b. Insurance. Vendor agrees to provide and maintain at Vendor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers'Compensation insurance as required by law. 2 Eagle County Materials and Equipment Agreement 5/14 i I ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County,its associated or affiliated entities, its successors and assigns,elected officials,employees,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iii. The parties hereto understand and agree that the County is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to County,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. iv. Vendor is not entitled to workers'compensation benefits except as provided by the Vendor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Vendor or some other entity. The Vendor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 7. Indemnification. The Vendor shall indemnify and hold harmless County,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which County 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 Vendor or any of its subcontractors hereunder;and Vendor shall reimburse County for reasonable 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 County is liable to such third party for such claims without regard to the involvement of the Vendor. This paragraph shall survive expiration or termination hereof: 8. Documents, Vendor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. Vendor shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 9. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. 3 Eagle County Materials and Equipment Agreement 5/14 COUNTY: Eagle County Road and Bridge Attention: Gordon Adams 500 Broadway Post Office Box 250 Eagle,CO 81631 Telephone:970-328-3542 Facsimile:970-328-3546 E-mail:Gordon.adarns@eaglecounty.us eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-38-8685 Facsimile: 970-328-8699 E-Mail:atty@eaglecounty.us eaglecounty.us VENDOR: Oldcastle SW Group PO Box 3609 Grand Junction,CO 81502 Telephone:970-243-4900 10. Termination. County may terminate this Agreement,in whole or in part,at any time and for any reason, with or without cause,and without penalty therefor with seven(7)calendar days'prior written notice to the Vendor. Upon termination of this Agreement,Vendor shall immediately provide County with all documents as defined in paragraph 8 hereof,in such format as County shall direct and shall return all County owned materials and documents in the possession of Vendor,if any.County shall pay Vendor for Sanding Materials satisfactorily inspected and accepted to the date of termination. 1 1. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shalt be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 12. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement:(1) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121. 13. Other Contract Requirements and Vendor Representations. 4 Eagle County Materials and Equipment Agreement 5/14 I 'I a. Vendor has familiarized itself with the intended purpose and use of the Sanding Materials to be provided hereunder,the intended use of such Sanding Materials by County,and with all local conditions,federal, state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or Sanding Materials, b. Vendor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of this Agreement. c. The fact that the County has accepted or approved the Sanding Materials shall not relieve Vendor of any of its responsibilities. Vendor represents and warrants that it has the expertise and personnel necessary to properly perform the terms of this Agreement. Vendor shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement.Vendor will provide the Sanding Materials in a skillful, professional and competent manner and in accordance with the standard of care applicable to vendors supplying similar Sanding Materials. d, Vendor warrants merchantability and fitness of the Sanding Materials for its intended use and purpose. e. Vendor hereby represents and warrants that the Sanding Materials will be new and guarantees all Sanding Materials against defects for a period of one(1)year from the date the Sanding Materials is accepted by County,or such longer period as may be provided by the law or as otherwise agreed to by the parties. All guarantees and warranties of Sanding Materials furnished to Vendor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Sanding Materials furnishes a guarantee or warrantee for a period longer than one(I)year,then Vendor's guarantee or warrantee shall extend for a like period as to such Sanding Materials. g. Vendor warrants that title to all Sanding Materials shall pass to County either by incorporation into the County facility or upon receipt by Vendor of payment from County(whichever occurs first)free and clear of all liens,claims,security interests or encumbrances. Vendor further warrants that Vendor(or any other person performing Work)purchased all Sanding Materials free and clear of all liens,claims,security interests or encumbrances.Notwithstanding the foregoing,Vendor assumes all risk of loss with respect to the Sanding Materials until County has inspected and approved the same. h. Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to County,and without interruption to County: i. Any defects in Sanding Materials which existed prior to or during the period of any guarantee or warranty provided in this Agreement;and ii. Any damage to any property caused by such defects or the repairing of such defects. i. Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Vendor in law or in equity. j. Vendor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. 5 Eagle County Materials and Equipment Agreement 5/14 k. This Agreement constitutes an agreement for performance by Contractor as an independent Contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between County and Vendor except that of independent Vendor.Vendor shall have no authority to bind County. 1. Vendor represents and warrants that at all times in the performance of the Agreement,Vendor shall comply with any and all applicable laws,codes,rules and regulations. m. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. n. Vendor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. o. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. p. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. q. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. r. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Sanding Materials described in this Agreement,The Vendor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Agreement and Vendor shall not employ any person having such known interests. s. The Vendor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. 14. Prohibitions on Government Contracts. As used in this Section 14,the term undocumented individual will refer to those individuals from foreign countries not legally in the United States as set forth in C.R.S.8-17.5-101,et.seq.If Vendor has any employees or subcontractors,Vendor shall comply with C.R.S.8-17.5-101,et.seq.,and this Agreement. By execution of this Agreement,Vendor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Vendor 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 Agreement. a. Vendor shall not: 1. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or 6 Eagle County Materials and Equipment Agreement 5114 II Enter into a subcontract that fails to certify to Vendor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Vendor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement 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: httn://ww w.dhs.gov/xprevprot/orograms/gc 11852216781 50.shtm c. Vendor 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. d. If Vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual,Vendor shall be required to: i. Notify the subcontractor and County within three (3) days that Vendor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual;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 undocumented individual; except that Vendor shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Vendor 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). f. If Vendor violates these prohibitions,County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Vendor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Vendor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 7 Eagle County Materials and Equipment Agreement 5/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above, COUNTY OF EAGLE, STAVE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS B : • FAQ o"'1 *:n H.Ryan, Chairman Attest^ .4 1: if- By. 466 r_: Teak J.Simonton, r erk to the Board VENDOR: By: j Print Name: 144 I .. A4(to— Title: i t.--- a Eagle County Materials and Equipment Agreement 5/14 I 111 i[fli,. ` ordoaittier L7J Meu 14u1 lir 1'O.IkJW2 .) L Owl Awl WI 11 t!{Lt710.e.! 1+1 t I/J1 tIen.IJa 1.t31411.t G6w.e.tlf!ftW.p I tIMII Mr..r I:'11111U 7A.,11tiCnnUt witowalae}..teem IVO11idtal Wtos I.41p! (TAt 71utt1t �'i7u1711 Jrit ..mu tsro E Aggregate Quotation Date 11/13/2014 Project Sanding Materials /- Customer Gordon Adams Company Eagle County Road and Bridge 1 Phone 970-328-3542 Fax E-Mail Gordorl.stdarns@eaglecount)t.us Pit Source: Hidden Valley and Gypsum i , Product Unit Code Description Quantity Unit Price.. 121.02 #4a'c..ru.o,sheF; Gypsum �,,:� �`� �Per � �.Ton � �16.00s; 2600 MUM MUM " - Ton ='32;x'=' 14107 318 rook-washed(Hidden v-1.-y—by -= Ton $16.50 «intment and weather d ;.. *ent — 12114 u. ps,cw -r.'u d' ' t' P,er< . Ton" $14:60 UDda A Valle ip .: ... j•..y.�yt w Ton Per Ton I 7, 44. 5°p IIIM uel Sur Charge m Per Ton $0.00 , MEIOptional Delivery IIIIIIIIIIII Delivered in 22 tan unit Per Hour $115.00 -..1a i �. WWI * i"''"'. In N - 14 ton unit a Per Hour 100.00 ....1111a1m,. .A_.i .. Al.;di_ :.1„ ":1. •'.1.117.0:- . °•rt'. . •i. ,M Lion If the delivery option is accepted the site must be the type of truck deify rig 1 i wanln M QWrul.hluer4la Contpttsy A Jr w (m��rr >FHideas*? r 7271 Rim R9 P.Q.Bet 45e9 3741 Camay R.•8 1G) MAWS I7S Rm! 961 CR t}?. Craudjw,C01t5O CLrw::r.x1$prlap,CO31MI hG.a rem.CO31401 711urNt,CO31OS tmm�ntted=p.cutu OM 204= a c)707-1800 f170)2!'J-ta"IS 0701234775 WNW.tclfufki xaveLcon, 3) United Companies will need a 60 day notice on any specialty or non-general sales type material and a firm quantity for production•purposes. Any material produced for the project will be billed to the customer. Materials are subject to availability. 4) Each per ton price quoted is subject to the fuel surcharge. 5) Customer will need to establish an account with United Companies. 6) Prices do not Include any applicable taxes. Tax exempt Certificates or -e-Sale Licenses must be presented prior to material pick up or taxes will be applied. 7) All import is subject to United Companies inspection and acceptan r-. No trash, building materials or contaminated material will be accepted.Any clean up or remo -1 costs will be the responsibility of the customer. Pieces must be no larger than 2 x 2ft x Bin. No steel without prior approval.Quantity of import must not exceed the quantiity of • rchased material without prior approval. Import fees may apply. 8) Material Is quoted to be In spec when It is loaded Into cus •mer's trucks. Quality of material beyond this point Is the responsibility of the customer. • additional testing is included and will be charged extra. 9) If the pricing, terms and conditions are accepted,pl=-se sign in the space provided and return the original hereof to United Companies. Prices a - good for 30 days. Please retain a copy for your files. Quoted by: Scott Barney Phone 970-904-6078 Prices are good through 2014 Acceptance: • Date: TER S AND CONDITIONS FORCE MAJEURE: Seller is not r•-ponsible for failure to supply materials due to strikes or other labor disputes,damage or repairs to ecessary machinery,fire,flood,adverse weather conditions,inability to obtain transportation,fuel,e -ctric power,or operating materials or machinery at reasonable cost;or by reason of any other caus eyond our control, including the inability to produce from own source materials meeting any •plicable specification or requirement. In the event any such contingency should occur,Seller r • yes the right to determine the order of priority of delivering to its purchasers. TAXES: Any taxes that re or may be levied by the United States Government or any state or political subdivision thereof, on the materials or on the ingredients in the materials,or on the services quoted herein,or on the s• e or purchase or use thereof,or on incidental transportation charges,shall be paid by the Purchaser If Seller is required to collect and/or pay taxes,Purchaser shall pay the same to Seller at the time of •ayment for the materials and/or services purchased hereunder. Purchaser hereby agrees to inch• nify and hold Seller harmless from any and all costs and expenses associated with any levy or att• pted levy of any such taxes on Seller. DELIVERY Ca NDITIONS: The Purchaser agrees to provide suitable roadways or approaches to points of dative• other than on paved streets. Seller reserves the right to cease deliveries if the roadways and npproa• as are unsatisfactory in Seller's sole opinion. In the event Purchaser orders delivery beyond curb l'• e,Seller will not assume liability for damages to sidewalks,driveways or other property, loss and xpense incurred as a result of such deliveries.'' DETE ION OF TRUCKS AT DELIVERY SITE: Prices quoted herein are based on prompt unloading of • •cks,and in case repeated delays in unloading, deliveries may be discontinued until conditions are orrected. Delays of more than 20 minutes are subject to an additional charge. OWNERSHIP: Materials become the property of Purchaser at the F.O.E. Locations indicated on the A 2 1 U. l EQ AR o#r r#a Mli r £r art, „y 4 iHpilYe fi,.t. Okicat tI ' L�i�{,irrM1 2173 pier KAL£ po.Aar 3609 379£Cwaq Wvd 109 13£1{SO Ruad 9&4 CA 6R Crwl/cr.,CO El 50: Ckirr.ad Spri.p,CO EifiOt A4yrar+c.CO El 4#15. T.iWrite,C.0JIM www.uAltvd.ri cam {7707 21.1-(940 'C9 I7U14 CC CJNE 110.IE11 71.3.777$ HrrAr.iauc rc#.mm reverse side hereof. The Seller guarantees to meet applicable gradations and spe ; cations F.O.B. at Seller's plant only. CREDIT: If credit conditions become unsatisfactory at any time prior to Selle ` performing fully under this contract,Seller reserves the right to discontinue shipments or to cea - performance until such time as Purchaser remedies said credit problem. MISCELLANEOUS: Anything herein to the contrary notwithstand' : (a)Seller's liability hereunder shall be limited to replacement of materials sold hereunder, an ler shall in no event be liable for consequential or incidental damages, and (b) all of the . rms and provisions hereof shall become binding upon Purchaser's acceptance of delivery of any of the materials specified herein notwithstanding Purchaser's failure to sign and re the original or a copy hereof. Our obligation to meet applicable specifications supersedes any .nd all other warranties, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERHANTABILr AND FITNESS FOR PARTICULAR PURPOSES. All invoices shall be based on scale weights. ruck haulage rates as specified on the reverse side hereof will be borne and paid by Purchaser(. ',led to corrections and/or changes in truck rates). Seller shall have the right to ship from other th. the designated point of origin without change of quoted delivery price. In the event that Pur .. r, his employees,'his agents or his subcontractors enter Seller's premises for the purpose of . eking up the materials herein sold, Purchaser agrees to indemnify and hold Seller harmless from y and all losses incurred as a result of the actions of Purchaser,Purchaser's employees,subcontra rr's and agents while on Seller's premises. Seller reserves the right to exclude any of Purchaser's ployees,agents and subcontractors from Seller's' premises. Payment terms and conditions prin = on the reverse side. Payment terms are net 30 days from date of purchase. Prices quoted are f' I and for one year only unless a different period of time is otherwise specified on the reverse si• hereof. Prices are based upon estimated quantities. If quantities vary more than ten percen 10%) from estimated quantities, prices are subject to adjustment corresponding with any res . g increase in Seller's costs. Late Payments shall accrue a finance charge of one and one-half pr cent(11h%)per month or the highest rate allowable by law,whichever is less. Funds paid to Buyer •n account of goods sold shall be held in trust for Seller's benefit. tck 3 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE;IS NOT AN INSURANCE POt IC S AND DOTS NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO I.FSS THAN:THOSE LISTED.ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that ( IOldcastle SW Group, Inc. PO Box 3609 NAME AND " I 1.e/1y Mutual.. Grand Junction, CO 81502 OF INSURED rft INSURANCE is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)is subject to all their terms.exclusions and Conditions and is not altered by any requirement.term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ❑CoNnNUOUS POLICY NUMBER LIMIT OF LIABILITY ❑EXTENDED ❑POLICY TERM WORKERS 9/1/2015 WA7 C8D 004095 024 COVERAG E.AFFOaDI:D uNDF R We EMPLOYERS LIABILITY LAW OF TILE FOLLOWINGSTATES: COMPENSATION WC7-C81-004095-014 MONOPOLISTICS STATES AND Bodily Injury by Accident NY 1,000,0001 ash Aeadtnt Bodily Injury By Disease WI $1,000,000 I nnit Bodily Injury By Disease $1,000,000 COMMERCIAL 9/1/2015 T62 C81 004095 114 General Aggregate GENERAL LIABILITY $2,000,000 -Per Project Aggregate included. U Products Completed Operations A=,, t t OCCURRENCE b,°ec t $2,000,000 ❑CLAIMS MADE Each Occurrence $2,000,000 RI(LRO DATE Personal&Advertising Injury $2,000,000 Per Person:Organization Other Other Fire Damage-$100,000 Medical Exp-$5,000 AUTOMOBILE 9/1/2015 AS2-C81-004095-124 Each Necidem--Single Limit LIABILITY $2,000,000 B.I And P.D.Combined comp Ded $10,000 Each Person El OWNED Coll Ded $10,000 L� i NON-OWNED Each Accident or Occurrence I 1 HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are Additional Insureds under the commercial general liability and auto policies of insurance. `.II the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE Liberty Mutual INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: Eagle County • Stan Esposito 500 Broadway Pittsburgh/0387 AUTHORIZED REPRESENTATIVE 12 Federal Street,Ste.310 Eagle, CO 81631 Pittsburgh PA 15212-5706 412-231-1331 12/3/2014 OFFICE PHONE DATIS ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10 _.. a 21116924 CLIENT CODE: LM_44 Ni:.2atan Minna 8/:/2711 4:57:57 CM ECyi =age I of 1. LDI COI 268896 02 11