HomeMy WebLinkAboutC15-430 OldCastle SW GroupAGREEMENT FOR SANDING MATERIALS BETWEEN
EAGLE COUNTY, COLORADO
AND
OLDCASTLE SW GROUP, INC.
THIS AGREEMENT ("Agreement") is effective as of the lOil' aay of X)O.fl*ntaqf . 2015 byand 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 One Thousand, Nine Hundred (1,900) tons of #8 Minus-Crushed and One
Thousand (1,000) tons of ll4 x3/8 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 govem 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:
l. 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 persormel 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. exchanse the Sandine Materials
2. County's Representative. The Road and Bridge Department's designee shall be Vendor's contact with
respect to this Agreement.
Eagle County Comrnlssioners, Offlce
C15-430
3. Term of the Asreement. This Agreement shall commence upon the date first written above, and subject to
the provisions of Paragraph I 0 hereof, shall continue in full force and effect through the 3 I't day of Decemb er, 2015 .
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 ofconduct 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, Vendorls 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, Seven
Hundred Dollars ($48,700.00).
a. Payment will be made for Sanding Materials satisfactorily furnished 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 Countv.
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-l-l0l et. seq.) and the TABOR Amendment (Colorado Constitution. Article X-
Sec. 20).
6. 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:
Types oflnsurance.
l.Workers' Compensation insurance as required by law.
2
Eagle County Materials and Equipment Agreement 5/14
u. Auto coverage with limits of liability not less than g 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,
personaVadvertising 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 oflicials, employees, agents and
volunteers as additional insureds. A certificate ofinsurance consistent with the foregoing requirements is attached
hereto as Exhibit B.
ii.
termination hereof.
The insurance provisions of this Agreement shall survive expiration or
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 indemnifu 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 sendin g 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.
J
Eagle County Materials and Equipment Agreement 5/14
COUNTY:
Eagle County Road and Bridge
Attention: GordonAdams
500 Broadway
Post Office Box 250
Eagle, CO 81631
Telephone: 97 0-328-3 542
Facsimile: 97 0-328-3 546
E-mail: Gordon.adams@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
VENDOR:
Oldcastle SW Group, Inc.
PO Box 3609
Grand Junction, CO 81502
Telephone: 97 0-243-4900
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.
I l. 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.
12. Execution b.'r Countemarts: 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-l0l to l2l.
4
Eagle County Materials and Equipment Agreement 5/14
13. Other Contract Requirements and Vendor Representations.
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.
Vendor warrants merchantability and fitness of the Sandine 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 (l) 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.
f. 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 (1) 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 WorD 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 intemrption to County:
i. Atty 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 ofany 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, ifa natural person eighteen (18) years ofage 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.
Vendor shall not:
i. Knowingly employ or contract with an undocumented individual to perform Services
under this Agreement; or
6
Eagle County Materials and Equipment Agreement 5i 14
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-Veri$' 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/xprevprotipro grams/gc I I 8 522 1 678 I 50. shtm
c. Vendor shall not use either the E-verify program or other Department Program procedures to
undertake pre-employment screening ofjob 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 ifduring 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.s-r02(s).
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.
IREST OF PAGE INTENTIONALLY LEFT BLANKI
7
Eagle County Materials and Equipment Agreement 5/14
IN WITNESS WHEREOF, tle parties have executed this Agreement the day and year frst set forth above.
Attest:
By:
Teak J. Simonton, Clerk to the Board
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
VENDOR:
OLDCA
By:
Print Name , K'l ' AlfL
Title: 6 r..'r.-l L.^^s.'-
COMMISSIONERS
ler-Henry, Chaiiffi
8
Eagle County Materials and Equipment Agreement 5i 14
To place al order please c*ll cur Custamer Sen-ice Cerrter at
s70-24,L5994
!\$slunlt@-81 @n qlq".rcllurid*ertl.com
Customer Quotation
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Date 9t9t2015 Quote Valid Thru Date 10t4t2015
Project 2015 Sandino Materials Project Address County Admin Gypsum
Customer Gordon Adams Quote Number Q125949-3
Company Eagle County Customer Number 2621
Phone (970)-328-3542 Customer PO Number
Fax Project Tax Exempt Yes
E-Mail gordon.adams@eaglecounty.us Terms: Net 30 Days
Location Product Code Description Quantitv Unit Unit Price-318-oo-@ypsum Pit J 12107 #8 MINUS - CRUSHED *€€€- l DDTON
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Z fPs&G:Hidden\' \ Vattev j 12114 114X3I8 CHIPS - CRUSHED
t doo TON $14.50 - $, I
Quoted By: Scott Barney Phone: 970-904-6078 Email: Scott.Barney(@oldcastle-materials.com
t2W
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Note:
1) This
2) Price
there are no unJt in the delivery4) United willhbed a 60
material and a firm
project will be billed to th'e
Each per ton price quo
Customer will need
onahy specialty or non-general sales type
rn Duiposes. Any material produced for the
nfaterials are subject to availability.
to the fuel surcharge.
with United Companies.
Tax exempt Certificates or Re-Sale Licenses
fffal ch1fie to the material unit pricing. lf
thennb delivery is quoted.
or taxes will be applied.
spqcfion and acceptance. No trash, building
ICES ARE GOOD FOR 2015, add 5% for 2016.
RY RATES ARE PER HOUR AND NOT PER TON
page quote with the terms & conditions
"pe{in".FOB the specified Pit location. "No isjrdtuOeO in the "Material
Unit
3) lf Material quoted, it will be an
\
s 48,loc
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EXFflBtTiq
5)
6)
7)Prices do not i
must be pre
8) Allimpoft
{4ny"apptica\\
prior to'inaterial
to.United
contaminated material will be Any clean up or removal costs will be
rger than 2ftx2ft x 8in. No steel
Delivered in Truck & Pup
Additional charqe to material price Per Ton $120.y9/
Delivered in Tandem
Additional charqe to material price Per Ton sr6o.oo
Fuel Surcharqe per Ton Per Ton $0.00
the of the customer. Pieces
$
Scott Barney
mh!tF
$Tal',unibd-gi.com
To place an order please call our Cusiolrrs Serr.ice Centa at
974-24&5994
&FrIt'^q
uuw.telluridcgnvel,com
Customer Quotation
without prior approval. Quantity of import must not exceed the quantity of sed
rial without prior approval. lmport fees may apply.
is quoted to be in spec when it is loaded into customer's trucks.of
this point is the responsibility of the customer. No altestingj
will be charged extra.
'r0) rf the and conditions are accepted, please sign in space
return the ereof to United Companies. Prices are good 30 days
retain a copy
RD TERNIS AND TIONS _
,/.
TERIAL SALES
l. Annlicabilifv. The accompany quotat salei invoice
comprise the entire agreement betr the
understandings, agreements, negotiations,
terms and conditions ofpurchase regardless2. Pavment- Payment terms are net 30 days
payments shall accrue a finance charge of one
rvhichever is less. Seller shall be entitled to
Buyer's failure to make all pa]ments due under
3. Taxes. Buler is responsible for of all taxes
federal taxes. Buyer agrees to indemnif'hold Seller
Iev-v or attempted levy of arry such taxes Seller.
1.
des all,
these terms (collectively, the "Ortler")
or contcmporaneous communications,
Order with immediate effect
any other agreelnent Buyer u'ith Seller); {il) has not othenvise performed or
with the terms of any agreement $d1er has rvith Seller); (iii) becontes
conlmences or nas agarnst it proceedings relating to bankruptcl'. rece
tenns prevail over any of Buyer's general
its purchase order or such terms.
as may be required by applicable larv. Late
per month or the highest rate allorvable bl larv,
including reasonable attomeys' fees, arising out of
) nature uhatsoever. includrng an1. local. state and
and all costs and expenses associated rvith any
ler may suspend or terminate this
uhen due under this Order (or
any of these terms (or complied
a petition for bankruptcy or
or assignment for the
determined by Seller in
shall be FOB
hes to points of
or approaches
to sidewalks,
by larv.
may be
In addition to fy other remedies availa\
written notic/to Buyer, if Bu1,er: (i) fails
benefit of creditors;
its sole discretion.
Seller's plant
delivery.
are unsal
driveways
v) exhibits otlr'er adverse credit conditions that are unsatis
Unless othenvise agreed in writing, all materials
lf FOB Destination, the Bu1'er agrees to provide suitable
to cease deliveries if Seller concludes, in its sole opinion, that
vent Buyer orders delivery beyond curb line, Buyer assumes tiabitity fo\
, loss and expense incurred as a result of suclr deliveries to the maximum-e based on prompt unloading of trucks, and in case repeated delays in unloa
itions are conected. Delays of more than 20 minutes are subiect to an additional
Sales Rep: Scott Barney
$*".*"*",*,**
KA
Date 9t9t2015 Quote Valid Thru Date 10t4t2015
Project 2015 Sanding Materials Project Address County Admin Gypsum
Customer Gordon Adams Quote Number Q125949-3
Company Eagle County Customer Number 2621
Phone (970)-328-3542 Gustomer PO Number
Fax Project Tax Exempt Yes
E-Mail gordon.adams@eaglecounty. us Terms: Net 30 Days
Prices
r11itl&t
m&ailF
il$ar'. unh€d-gi.conr
To place an order ple:se call our Customer Scnice Center at
974-28-5994
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uuv.sclluriderrvel.com
Date 9t9t2015 Quote Valid Thru Date 10t4t2015
Project 2015 Sanding Materials Project Address County Admin Gypsum
Customer Gordon Adams Quote Number Q125949-3
Gompany Eagle County Customer Number 2621
Phone (s70)-328-3542 Customer PO Number
Fax Project Tax Exempt Yes
E-Mail gordon.adams@eaglecounty.u Terms: Net 30 Days
Customer Quotation
6. Title and Risk of Loss. Title and risk of loss passes to Buyer at the time the materials are loaded into Buyer's, or Buyer's
order dnd Seiler shdlL.be entitled to an equitable price adjustment for such changes. The express limited
hcrein shall be void ifBuler fails to pay Seller in full for the materials provided by Seller pursuant to this
8. Timc. If Seller to deliver the goods, Seller shall malie reasonable efforts to deliver the by the specified
proviilo.notice to Buyer of any expected delays in delivery. Seller ible for failure to
inability to obtain
or requirement. In the
exercising such right to anv subsequent time or times
10. Damases. Seller's liability for any and all danrages related
hereunder. IN NO EVENT SHALL SELI,ER BE I,IABLE FA
i thi3'prder shall be limited to replacement of materials sold
ANY EO,T-SEQTiENTIAI,, INDIRECT, INCIDENTAL,
SPECIAL, EXEI\IPLARY, OR PfINITIVE DA}IAGIS
RELA'I'Lr..G'IO TIIIS ORDER. ./
I.$,EGARq TO ANY Cr.Anr ARTSING Or-iT OF OR
/ll. Indemnitv. To the maximum exte+f pe indernnifl and hold Seller. its
darnages, expenses (includingofficers, ernplol'ees, agents, insurers, surgties,
renredial or clean-up costs arising doqof or in way related to. (i) Buyer's
by or on behalf of Buyer, its and or (iii) the negligent or
alleged rrongful irrstallation of Seldr's als.
r releases Seller from any liability for any damage to
process. Prior to shall first verify the u'eight capacity of Buyer's vehicle and
vehicle leaving or e s property is in full compliance with all applicable larvs, including ion rveight
laws- Buyer is solely ible for securins the load on anv vehicles loaded for Buver's benefit and
tarp to all loose take any other necessary action to prevent product fronr escaping the vehicle
l w. This Order, and the rights, duties, obligations and remedies of the parties shall be gol
)omply
change
:t forth
attomeys' fees), claims. suits, liabilities/ tr
breach of this Agreement; (ii) any agt'or
construed in.irc;;drdance with the Iavvs of the state of Seller's plant sourcing the Order,,/
o:r"I^*u
the loading
any loaded
VA
Sales Rep: Scott Barney
i*
in \n(i*t
fasten a
Certilicate of Insurance
THIS CERTIFICATEISISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS TIPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
ORALTERTHE BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE
PO BOX 3609
GRAND JUNCTION CO 81502
This is to Certifv thatl-I OLDCASTLESWGROUP
dba UNITED COMPANIES
l--raqte Countv' PCfBox 250'
Eagle CO 81631
rNc.
OF MESA COUNTY NAME AND
ADDRESS
OF INSURI,D
LibertyMutual.
INSURA}ICH
NOTICE OF CANCELLATION: (NOT APPLICABLE IJNLESS ANUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED TNDER THEABOVEPOLICIESLTNTILATLEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
RE: Sanding Materials.
Liberty Mutual
Insurance Group
Stan Esposito
Q
Pittsburgh / 0387
1 2 Federal Street,
Pittsburgh
by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as
- standard LimiLs 2/2 | uicholas uisoni | 70/22/2015 9:34:12 M (cDT) | Page 1
Ste.310
PA't5212-5706 41
II
I
This certificate is executed
r?nrnlrc I r.M aa I o/1\ alla
LDt COt 268896 02 '11
is afforded by
of1
is,attheisSuedateofthiscertifcate,imuedbytheCompanyunderthepo1icy(ies)listedbelow.
Conditions and is not altered by any requirement, t€m or condition ofany contact or other docment with r€spect to which this certificate may be issued.
TYPE OF POLICY
EXP DATE
E coNrnn'uous
E rxrBxoeo
Z polrcv renpr
POLICYNUMBER LIMIT OF LIABILITY
WORKERS
COMPENSATION
9t1t2016 wA7-C8D-004095-025
wc7-c81-004095-015
]OVERAGE AFFOR-DED TINDER WC
LAW OF THE FOLLOWING STATES:
-025: All States except OH, ND,
WA. WY
-015: Wl
EMPLOYERS LIABILITY
f"dtl" Ltir* b" A."t.*- q,4- nhn nnn-_ . ^ ,,
Sodily Injury By Disease
$1.000,000
3odily Injury By Disease
$1 00n ooo
COMMERCIAL
GENERAL LIABILITY
M occun*"Nct
n crarlts rr,raop
9t1t2016 TB2-C81-004095-1 15
-Per Project Aggregate included.
lcn€ral Ag$egate
$2,000,000
Products / Completed Opemtions Aggregate
$2,000,000
lach Occunence
lenonal & Advertising Injurv
s2.000.000 per person / organization
)ther )ther
Medical Exp: $5,000?3,T19r"^Ao.l'^l" t I s es Re nted to
AUTOMOBILE
LIABILITY
Mo* uo
E NoN-o**"o
M"r*o
9t1t2016 AS2-C81-004095-125 Each Accident-Sinsle Limit
$2.000.000 B.t. And P.D. combined
Each Penon
Each Accident or Occunence
Each Accident or Occuence
OTHER
Automobile policy
91112015 - 91112016 AS2-C81 -054502-525 Phvsical Damaqe onlv
-$f0,000 Comp-
-$10.000 Coll '
ADDITIONAL COMMENTS
RE: Sanding Materials.
Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are additional
insured with regards to the general liability policy, where required by written contract.
* Ifthe certificate exDiration date is continuous or extended terrn you will be notified ifcovercse is terminated or reduced before the certificate expimtion date.
_-1 /tn"l"*r\. l**ln,t+,
EXHIBTT
AUTHORIZED REPRESENTATIVE
