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Home My WebLink AboutC15-511 TCC RoofingAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY. COLORADO AND TCC ROOFING CONTRACTORS, INC. THISAGREEMENT('Agreement")iseffective asotthe ?-4 aayof fuAanVL ,20-(ibyandbetween TCC Roofing Contractors, Inc., a Colorado corporation (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, desires that Contractor inspect and potentially perform certain repairs to the existing roof (the "Project") at the Eagle County Regional Airport Skatefish Hangar located at 545 Airport Road, Gypsum Colorado, 81637 (the "Property"); 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 I hereof; and WHEREAS, this Agreement shall govem 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: I . Services or Work. Contractor agrees to inspect the roof at the Property as set forth in Exhibit A. which is attached hereto and incorporated herein bv this reference ("Inspection Services"). If directed to oroceed by the County's Representative. Contractor will diligently provide all services, labor, personnel and materials necessary to perform and complete the repair services or work described in a written proposal as required by Paragraph 5 hereof ("Repair Services").(The Inspection Services and Repair Services may collectively be referred to herein as "Services" or "Work." The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to fumish the Services no later than December 31, 2015. 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 Airport Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Asreement. This Agreement shall commence upon the date frst written above, and subject to the provisions ofparagraph I I hereof, shall continue in full force and effect through the 3 I't day of Decemb er, 2015. 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. Eagle County Comnti$sioners' Offii;C15-511 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 verbal change orders, express or implied acceptance ofalterations 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 Inspection Services in a sum computed and payable as set forth in Exhibit A. Prior to commencement of Repair Services, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials without any mark up and any additional costs necessary to perform the Repair. Each estimate must be approved by County's Representative prior to commencement of the Services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $ I,000.00. 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 Countv. 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 3 1 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. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise ofContractor. 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 2 Eagle County General Services Final 5/14 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: a. Types oflnsurance. r. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $ I ,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 $2,000,000 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 offrcials, 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 ofinsurance shall include subcontractors, ifany 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 nonperfornance by Contractor or any ofits subcontractors hereunder; and Contractor shall 3 Eagle County General Services Final 5/14 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 frles) 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. 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: Jeff Brownback 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 97 0-328-2645 Facsimile: 97 0 -328 -2687 E-Mail : j effrey.brownback@eaglecounty.us With a copy to: Eagle County Attomey 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 97 0-328-8699 E-Mail : atty @e aglec ounty. us CONTRACTOR: TCC Roofing Contractors, Inc. Attention: Eddie Leiva Post Office Box2123 Eagle, CO 81631 Telephone: 97 0 -328 -23 40 Facsimile: 97 0-328-207 7 E-mail: tccroofingeddie@centurytel.net 4 Eagle County General Services Final 5/14 I 1. 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 t 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. I 3. Execution bv Counterparts: Electronic Sisnatures. 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. 24-7 | .3-l0l to l2l . 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 ofsuch 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, erors, 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 paragraphshall 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 Asreement. 5 Eagle County General Services Final 5/14 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 ofindependent 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 agrecments or understanding between the parties with respect thereto. 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. l. 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 ofany 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, 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. 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. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or 6 Eagle County General Services Final 5/14 11. Enter into a subcontract that fails to certifu to Contractor that the subcontractor shall not knowingly employ or aontract 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.govlxorevprot/prosrams/sc 1185 221678 150.shtm c. Contractor 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 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: 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 (r) 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 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. 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-r02(5). f. If Contractor violates these prohibitions, County may terminate contract. If the Agreement is so terminated specifically for breach of this provision 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 Agreement and County terminates the Agreement for such breach. the Agreement for breach of of this Agreement, Contractor violates this provision of this IREST OF PAGE INTENTIONALLY LEFT BLANK] 7 Eagle County General Services Final 5/14 lN WI1NESS WHERIOF, the parties have executed this Agreement the y and year first set forth above COI-JNTY OIT By and AGLE, STATE OF COLORADO, ItSCOUN|Y MANAGER nty Manager 8 fiaglc County Ccncral Scrvices Final 5ll4 EXHIBITA SCOPE OF SERVICES. SCHEDULE. FEES 9 Eagle County General Services Final 5/14 Exhibit A Confro,cfo.+s) lyrc. 8126/ Ls PROPOSAL SUBMITTED TO: Job No. R-53OO NAME: Eagle county Regional Airport Attn. opel wolfgang ADDRESS: P.O. Box 85O CITY: Eagle STATE: CO ZIP= 81631 CELL: 97O-977-O2aG E MAIL: wolfqang.ooel@eaglecontv. us WORK TO BE PERFORMED AT: LocATroN: Eagle county Regional Airport skatefish Hangar ADDRESS: 545 Airport Road CITY: Gypsum STATE: CO ZIP= 8t637 ALL MATERIAL IS GUARANTEED TO ACCORDANCE WITH THE DRAWINGS WORKMAN LIKE MANNER. BE AS SPECIFTED, AND THE WORK AND SPECIFICATIONS SUBMITTED TO BE PERFORMED IN AND COMPTETED IN A P.o. Box 2123, Eagle, co 81631 Telephone 970-328-2340 Fax g7o g2}-2orz C661no.cfors, f yrc. SCOPE OF WORK JOB # R-5300 The Following proposal is for the property Resi'denee-located at The Eagle County Regional Airport Skatefish Hangar, Gypsum. This is based upon a walk through with Eddie Leiva and Hilario Torres. TCC proposes to do the following Roof Work - TCC to provide labor and materials to properly inspect roof at hanger area where moisture appears to be penetrating roof panels into the inside. Please note/ TCC does not know the extent of the work until a panel is removed and work will be performed on a Time and Material Basis not to exceed $ 1,000.00. CONDITIONS: 1. Please be advised that materials for this proposal have been bid at current market prices and cannot be guaranteed past 30 days. 3. WINTER CONDITIONS CLAUSE: Proposal does not include ice and snow removal, if needed this will be billed on a cost plus basis. WARRANTY: TCC Contractors Inc. will warranty all labor against leaks for a period of 6O davs. Warranty is void if snow exceeds 24" and is not removed. Snow removal performed by anyone other than TCC Contractors Inc. or other local, properly insured contractor will void warranty. INSURANCE: TCC Contractors Inc, is fully insured with liability insurance in the amount of 92,000,000 and workman's compensation. Ceftificates of insurance will be fonnrarded to client upon acceptance of proposal, 5. P.O. BOX 2123, Eagle, CO 81631 Telephone 970-328-2340 Fax 970328-2077 EXHIBIT B INSURANCE CERTIFICATE l0 Eagle County General Services Final 5/14 AC'CERTIFICATE OF LIABILITY INSURANCE DATE (MiI/DDIYYYY) L2/L5/20L5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. |MPoRTANT:|fthecertificateho|derisanADD|T|oNAL|NsURED,thepo|icy(ies)mustbeendorsedj the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 kxilll"' ilu]-ie Quinn, CIC ljlSn^i,,*,. (303) 824-6500 ilil "^,. (303)370-0118 iiiiffiss, julie. quinn@uroodyins . con INSURER(S) AFFORDING COVERAGE NAIC # INSURERA :Cincinnati Specialtv Underwriters 13037 INSURED TCC Contractors, fnc. P O Box 2L23 Eagle CO 81531 INSURERB :Cincinnati Insurance Companv t0677 INSURERc :Cincinnati Indemnitv Conpanv 23280 INSURER D :Pinnacol Assurance 41190 INSURER E : INSURER F : CERTIFICATE NUMBER:1s-1 6COVERAGES CERTIFICATE HOLDER CANCELLATION THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTMCT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNl'R LTR WPE OF INSURANCE POLICY NUMBER EFF POLICY EXPIMiI'DD/YYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY lcnrus-veoe lxloccun x csuo050611 Additional Insuled status applies only to the extent provided in fom csrA405 (08/09) 9/L/20Ls 9/L/2OL6 EACH OCCURRENCE $ 1,000,000 UAMAGts IO T<ENIEL) PREMISES (Ea occurrence)9 100,000 MED EXP (Any one person)$ EXCLTDED PERSONAL & ADV INJURY E 1,000,000 GEI I'L AGGREGATE LIMIT APPLIES PER: "o'-'"" lil55o; fl .o" GENEML AGGREGATE g 2,000,000 PRODUCTS. COMP/OP AGG g 2,000,000 Employee Benetits Liability $ 1,000 ,000 B AU"I x OMOBILE LIABILIry ANY AUTO ALLOWNED f__l SCneOUleOAUTOS AUTOS] I NON-OWNEDHtREoAuros l ]AUrOstl EPP0151407 9/L/20L5 9/L/20L6 COMBINED SINGLE LIMIT {Ea accident)$ 1,000 ,000 BODILY INJURY (Per peBon)I BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) c x UMBRELLA LIAB EXCESS LIAB X I occun_--'l "*,"r-roo.EXS0208738 9/L/2OLs 9/L/2OL6 EACH OCCURRENCE $ 1,000.000 AGGREGATE $ 1 .000 .000 nen]Xlpprrrurrnruq n D WORKERS COMPENSATION AND EMPLOYERS'L|ABILTTY Y' NANY PROPRIETOFYPARTNERYEXECUTIVE OFFICERYMEMBER EXCLUDED? (Mandatory in NH) lf yes, describe under DESCRIPTION OF OPERATIONS below N'A 4108033 9/L/20Ls 9lL/2016 vtrEK I tul ^ISTATIITFI IFR E.L. EACH ACCIDENT $ 1,000 ,000 E.L. DISEASE - EA EMPLOYE $ 1.000 .000 E.L. DISEASE - POLICY LIMIT $ 1.000-000 B Contractors Equipment Leased/Rented Equipment 8PP0161407 ACV 9/L/2Or5 9/L/2OL6 Limit $50,000 Deduciible S1,000 DESCRIPTION OF OPERATIONS ' LOCATIONS / VEHICLES Eagle County Regional Airport required by written contract. (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi.ed)is included as an Additional Insured with respect to General LiabiJ-ity as chris . andersonG eaglecounty I sHouLD ANy OF THE ABOVE DESCRTBED pOLtCtES BE CANCELLED BEFOREEasre county Resionat Airport I U=^^^.lt'Sl:'.g.L.ol:t^^ll'^tS*i._lglF Wrr-f 6E'-ber-rvERED rN p. O. gox 85-0 I ACCORDANCE WITH THE PoLlcY PROVISIONS. EagJ.e, CO 81631 AUTHORIZED REPRESENTANVE Quinn, crc,/AMAMAR *'"'Z': z-:: ----' - ACORD 25 (20141011 lNS1126 nnr rnr r @ 1988-2014 ACORD CORPORATION. Atl rights reserved. The ACORD name and logo are registered marks of ACORD csum5061'l COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU . oPERATTONS AND COMPLETED OPERATTONS (L|M|TED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II . WHO IS AN INSURED is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy, but only to the extent that the liability is caused by '!our work" performed for that additional insured and only to the etent that such liability is caused by your negligence, acts or omissions or the negligence, acts or omissions of those acting on your behalf. lf not soecified othenivise in the written con- tract or agreement, a person's or organiza- tion's status as an additional insured under this endorsement ends one year after your operations for that additional insured are com- pleted. The written contract or agreement must be currently in effect or become effective during the term of this Coverage Part. The contract or agreement must be executed prior to the "bodily injur/', "property damage" or "personal and advertising injurt''to which this endorsement pertains. B. With respect to the insurance afforded to the- se additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury'', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, en- gineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, snop drawings, opinions, reports, surveys, fleld orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily Injury" or "property damage" aris- ing out of '!our worl(' for which a consoli- dated (wrap-up) insurance program has been provided by the prime contractor / project manager or owner of the construc- tion prolect in which you are involved. 3. "Bodily injury'', "property damage" or "personal and advertising injury" to any employee of you or to any obligation of the additional insured to indemnity anoth- er because of damages arising out of such injury. 4. "Bodily injury'', "property damage" or "personal and advertising injury''for which the Named lnsured is afiorded no cover- age under this policy of insurance. With respect to the insurance afforded to the- se additional insureds, SECTION |ll - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever is less. lf no limits are specified in the written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of insurance are in- clusive of and not in addition to the limits of insurance shown in the Declarations. With respect to the insurance afforded to the- se additional insureds, SECTION lV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS, 4. Other Insurance is amended to include: Any coverage provided herein will be excess over any other valid and collectible insurance c. D. csrA405 (08/09).D Includes copyrighted material of Insurance services Office, lnc., with its permission.Page 1 of 2 available to the additional insured whether primary, excess, contingent or on any other basis unless you have agreed in a written con- tract or written agreement executed prior to any loss that this insurance will be primary. This insurance will be noncontributory only if you have so agreed in a written contract or written agreement executed prior to any loss and this coverage is determined to be primary. csrA4os (08109)-D Includes copyrighted material of Insurance services Office, Inc, with its permission.Page 2 of 2