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HomeMy WebLinkAboutC15-211 White Water Express Car Wash, LLC a } AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY,COLORADO • AND WHITE WATER EXPRESS CAR WASH,LLC THIS AGREEMENT("Agreement")is effective as of the I day of May,2015 by and between White Water Express Car Wash,LLC,a Colorado limited liability company(hereinafter"Contractor")and Eagle County, Colorado,a body corporate and politic(hereinafter"County"). RECITALS WHEREAS,County desires to utilize Contractor for vehicle wash services(the"Services");and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the services or work described in Exhibit A("Services"or"Work")which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services as needed and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. 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. 2. County's Representative. The Facilities Management Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of paragraph 11 hereof,shall continue in full force and effect for a period of one year. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties.Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties,nor C15-Z{I verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that County has been unjustly enriched by any additional services,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 services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed twenty five thousand dollars($25,000). Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task 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 Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County,Contractor 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 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. 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 Contractor 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). 6. Subcontractors. 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 subcontractor agreements for the performance of any of the Services or additional 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 the subject Project during the performance of this Agreement and no personnel to whom County has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor,as approved by County and to the extent of the Services to be performed by the subcontractor,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.County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: • 2 G.\MAINTENANCE\Service Agreements\Car Wash Services\White Water Express\2015\White Water Express Agreement FINAL.docx a. Types of Insurance. i. Workers'Compensation insurance as required by law. ii. Intentionally Omitted. 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 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. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. 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. v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. 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 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 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 Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents(including electronic files)and materials 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. 3 G.\MAINTENANCE\Service Agreements\Car Wash Services\White Water Express\2015\White Water Express Agreement FINAL does 10. 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. COUNTY: Eagle County,Colorado Attention:Ron Siebert 590 Broadway Post Office Box 850 Eagle,CO 81631 Telephone: 970-328-8881 Facsimile: 970-328-8782 E-Mail:ron.siebert@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-Mail:atty @eaglecounty.us CONTRACTOR: White Water Express Car Wash,LLC Attention: Rick Adams 0105 Edwards Village Blvd, Suite E205 Post Office Box 1808 Edwards,CO 81632 ' Telephone:970-524-9274 E-Mail: gm @whitewaterexpresscarwash.com 11. 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 Contractor. Upon termination of this Agreement,Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof,in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. 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 shall 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. 4 G.\MAINTENANCE\Service Agreements\Car Wash Services\White Water Express\2015\White Water Express Agreement FINAL.docx 13. 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: (i) 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. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given County written notice of all conflicts,errors,or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care,skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement.This paragraph shall survive termination of this Agreement. f. Contractor 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. g. This Agreement constitutes an agreement for performance of the Services 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 Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. i. 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. 5 G:\MAINTENANCE\Service Agreements\Car Wash Services\White Water Express\2015\White Water Express Agreement FINAL.docx j. Contractor 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. k. 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. 1. 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. m. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. 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(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. 15. Prohibitions on Government Contracts. As used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101,et. seq.If Contractor has any employees or subcontractors,Contractor shall comply with C.R.S. 8-17.5-101,et.seq.,and this Agreement. By execution of this Agreement,Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement 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 Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor 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: http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm 6 G:\MAINTENANCE\Service Agreements\Car Wash Services\White Water Express\2015\White Water Express Agreement FINAL.docx c. 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. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual,Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor 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 Contractor 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. 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). f. If Contractor 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, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 7 G:\MAINTENANCE\Service Agreements\Car Wash Services\White Water Express\2015\White Water Express Agreement FINALdocx IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its COUNTY MANAGER By: Ai Brent McFall,Cou ty Manager CONTRACTOR: WHITE WATER EXPRESS CAR WASH,LLC /T % L4 B " �i 'rint Nam `I/ '/ L ' M Titl: L 2V/) G'\MAINTENANCE\Service Agreements\Car Wash Services\White Water Expresst2015\White Water Express Agreement FINAL. 8 t+ " '+ 0 XPRES . Aft Wik54v White Water Express Car Wash 180 Cooley Mesa Rd Gypsum,CO 81637 (970)524-WASH(9274) info @whitewaterexpresscarwash.com www.whitewaterexpresscarwash.com November 21,2014 TO: Eagle County Facilities Department c/o Ron Siebert 500 Broadway Post Office Box 850 Eagle,Colorado 81631 Re: AUTOMATIC CAR WASH SERVICES Proposal Requirements: 1. Proposal Form-signed and attached 2. Qualifications: White Water Express Car Wash built in 2014.The soft opening is estimated for December 6,2014 with the Grand opening ceremony in January 2015. Operating hours are seven days a week 8am-7pm. White Water Express Car Wash will be closed yearly on December 25. If the car wash is not working due to a man-made issue,we have 24 hours to correct the operations and open. If the car wash is not working due to Mother Nature issues,the operation will open based on the circumstance. White Water Express Car Wash is a fully staffed,friendly service Express car wash with three different exterior wash packages and three interior detail packages. Please see attached brochure. The White Water Express Car Wash High Speed Tunnel utilizes super soft touch Foam Brushes. Traditional"Touchless"washes that only use a sprayer to clean your vehicle have proven to be nowhere near as effective as a brush wash. Brush washes tend to have a bad name because typically they have been known to gather dirt and debris and brush it onto the next car through the wash.Car wash technology has evolved and advanced drastically. White Water Express Car Wash has invested in only the highest quality equipment and super soft touch foam brushes for our state of the art car wash tunnel.The Express Car Wash tunnel is a computerized system using a series of soft foam rotors,water and soap spray. Debris is removed immediately from all foam brushes with every spin.Our super soft foam brushes made specifically not to retain dirt and debris are sprayed with a cleaner and lubricants by nozzles on the top of their arch as they spin.They are fully cleaned and washed specifically to remove any debris with EVERY spin. EXHIBIT /c:: f+. ` XPRES _ieto At closing each day,all of our equipment in the wash bay is sprayed down by our crew to keep all our super soft touch foam brushes free of debris and our area clean. White Water Express has many features which make it an environmentally friendly express car wash. Here are some of the ECO-Friendly features: A. Touchless in bay automatic car washes use 70 to upwards of 120 gallons per vehicle.White Water Express Car Wash system uses a fraction of this water,less than 20 gallons,and our car wash will recycle 70 to 80 percent of the water used. Our water reclaimation's system separates out mud from our water down to 5 microns,treats it with ozone,then reuses the water within the car wash system. 60 days after opening,we will receive our Water Savers certification. B. All the soaps and waxes used at White Water Express Car Wash are biodegradable;contain no hydrofluoric acid or Nonylphenol. White Water Express Car Wash actually uses two seasonal soaps due to weather. C. Our heating systems are 98%efficient. The latest technology boiler feature heat exchanger which allows us to extract the maximum possible heat from exhaust gases. Not only does this reduce our carbon foot print,it saves us money and allows us to pass on this saving to our customers. D. We recycle all of our cardboard,paper and co-mingle items. 3. Schedule: White Water Express Car Wash is open seven days a week from 8am-7pm,with the exception of December 25,it will be closed on this date each year. White Water Express Car Wash does have the right to change operating days and times with a 30 day notice posted and emailed to all Fleet Service Agreements. 4. Budgeting: White Water Express Car Wash utilizes an RFID(Radio Frequency Identification)tag placed above the rearview mirror in each vehicle. Please note an example of this tag is also attached to this proposal. This allows the customer to limit which washes the vehicle can receive. The Customer is allowed to change the RFID wash level with 24 hours notice. This notice can be received via email only from the decision maker at Eagle County. Damaged tags should be reported to White Water Express Car Wash immediately. Any attempt to remove the tag will destroy the tag and keep it from operating. Eagle County will be charged for tag replacement if the tag is damaged. As you can see from our attached brochure,the wash program prices are$9,$14 and$18. White Water Express Car Wash has built a complete fleet program for Eagle County. Based on 90-150 exterior washes per week,for the Toyota Prisus,SUV's,pickup trucks and County Sheriff vehicles,the rates would then be: �7 n XPRES Pricing for a nt: Free Self Service Vacuum Basic: $6.75 per wash(25%discount) Works Wash: $9.80 per wash(30%discount) On the 1st of each month,a usage report of each RFID tag showing date,time and wash purchased will be produced,with the completed invoice and emailed to the designated person of Eagle County. A term on the invoice is 30 days with payment by check or credit card. If Eagle County would like to set up an automatic credit card payment program,payment would be run on the 10th of each month. 5. References: Alpine Mountain Building Alex Coleman PO Box 69 0105 Edwards Village Blvd Suite E205 Edwards,CO 81632 (970)926-8703 office (970)376-4900 cell SRE Building Steve Elicker Physical Address:Meadow Mountain Business Park 23698 US Hwy 24,#D-2 Minturn,Colorado 81645 Mailing Address:PO Box 6376 Vail,Colorado 81658 Phone:970-845-6359 Fax:970-748-6452 Hi Performance Wash Shane Wells 3901 East 41's Avenue Denver,CO 80216 1-800-922-1313 (303)322-3307 fax www.hpws.com 6. Legal Issues: White Water Express Car Wash is happy to report no legal issues. All of our staff are legally hired and verified. (z r, 'i .' l r �. XPRES ‘16441 WA,51 7. Evaluation Criteria: White Water Express Car Wash would like the opportunity to give Eagle County a tour of our brand new facility located at: 180 Cooley Mesa Rd Gypsum,CO 81637 To schedule,or for any further questions,please contact: Jennifer L.Collins General Manager (970)524-WASH(9274) gmt whitewaterexpresscarwash.com www.whitewaterexpresscarwash.com follow us on Facebook White Water Express Car Wash is also members of these fine business associations: Southwest Car Wash Association International Car Wash Association Water Conversation Alliance Gypsum Chamber Vail Valley Partnership Please note we also offer Express Interior Detailing and Full Custom Detailing,pricing upon request. Thank you for this opportunity to service Eagle County. .-t~'1 WHITE01 OP ID:RS J'4 °- CERTIFICATE OF LIABILITY INSURANCE DATE(MM1D0/YYYY) 04!1012015 PRODUCER Phone:970-328-2055 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Western Group Inc-Eagle ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 341 Broadway-Bldg.B,Suite 2 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 2117 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Eagle,CO 81631 Rhoda Schneiderman INSURERS AFFORDING COVERAGE _NAIC# INSURED Whitewater Express Car Wash INSURER k COLORADO CASUALTY INS.CO. 41785 LLC-ATTEN Shannon Elicker INSURER B: PO Box 1808 Edwards,CO 81632 INSURER C: INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD`L' POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE!MMDDNYYYY1 DATE IMMIDO/YYYYI LIMITS GENERAL UABILT Y EACH OCCURRENCE $ 1,000,000 A X X'COMMERCIAL GENERAL LIABILITY BKS56418244 11!3012014 11130/2015 ° sES a o TED „ce) $ 500,000 CLAIMS MADE X 1 OCCUR MED EXP(Any one person) $ 15,000 PERSONAL IIADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 -3(-1 POLICY pECOT- n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY (PER PERSON) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (PER ACCIDENT) PROPERTY DAMAGE (PER ACCIDENT) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY _EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ W $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL.EACH ACCIDENT S OFFICERAUEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS car wash!Eagle County,its associated or affiliated entitles,its successors&assigns,elected officials,employees,agents and volunteers are additional insureds for general liability as per contract via blanket additional insured endorsement. CERTIFICATE HOLDER CANCELLATION } EAGLECN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Eagle County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL Atten:Ron Siebert IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR PO Box 850 REPRESENTATIVES. Eagle,CO 81631 AUTHORIZED REPRES c , Y ACORD 25(2009!01) ©1988-2009 ACORD CORP•' ' EXHIBIT The ACORD name and logo are registered marks of ACORD 151 ACORDTN CERTIFICATE OF LIABILITY INSURANCE DATE(MW D 01D/YYYY) PRODUCER Pinnacol Assurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Denver,CO 80230-7006 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Plnnacol Assurance 41190 White Water Express Car Wash LLC 180 Cooley Mesa Rd. - INSURER S: Gypsum,CO 81637 1RER O INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT 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 ADD'L POLICY EFFECTIVE POLICYEXPRATION LTR NSRD TYPE OF WSURANCE POLICY NUMBER DATE(MIYDD(YYYY) DATE(MMNDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS MADE 0 OCCUR PREMISES MED EXPCAry one person) PERSONAL&ADV INJURY GEM AGGREGATE LIMIT APPUERS PER GENERAL AGGREGATE POLICY I PROJECT I { LOC PRODUCTS-COMP/OP AGG AUrOMOBILE MARILYN COMBINED SINGLE UNIT _ ANY AUTO (Ca McAdam) _ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) _ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Par aocdenll — _ PROPERTY DAMAGE jPer=Went) GARAGE LIABJLRY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EAACC AUTO ONLY: AGO - EXCESSIUM8RELLA LIABILITY EACH OCCURRENCE OCCUR 0 CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND A WC STATU- _OTHER A EMPLOYER'S LIABILITY TORY UNITS ANY PROPRIETORIPARTNEAIEXECUTNE 4178859 12/03/2014 12/01/2015 EL EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? EL DISEJASE-EA EMPLOYEE $500,000 X Yea please desafbe undo SPECIAL PROVISIONS belay EL DISEASE-POLICY UNIT 5500.000 OTHER DESCRIPTION Of OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1604640 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Atten:Ron Siebert NOTIFY 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO PO Box 850 THE LEFT,BUT FAILURE TO NOTIFY SUCH NOTICE SHALL IMPOSE NO Eagle,CO 81631 OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Matt McKenzie ACORD 25(2001/08) Underwater ACORD CORPORATION 1988