No preview available
HomeMy WebLinkAboutC16-132 GMCO CorporationAGREEMENT FOR THE SUPPLY OF MAGNESIUM CHLORIDE BETWEEN EAGLE COUNTY, COLORADO AND GMCO CORPORATION THISAGREEMENT(..Agreement,,)iseffectiveasofthe&-auvorM,20l6byand between GMCO Corporation, a Colorado corporation with its principal ptu"" of6*i*r, ut ZZS fowerline Road, Rifle, CO 8 1650 (hereinafter "Vendor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to purchase magnesium chloride product from Vendor (hereinafter "Materials"); and WHEREAS, Vendor agrees to supply to County a magnesium chloride product that contains a minimum 30olo magnesium chloride (the "Materials") as more specifically provided in Vendor's bid, which is attached hereto as Exhibit,A, and incorporated herein by reference; and WHEREAS, County has no obligation to purchase any amount of Materials. The Materials will be available as set forth in Exhibit A and will be purchased by County at County's sole discretion; 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 Materials and/or materials as set forth below in paragraph I hereof; and WHEREAS, this Agreement shall govern the relationship between Vendor and County in connection with the procurement of Materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Vendor and County agree as follows: l. Materials. Vendor agrees to provide to County a magnesium chloride product that contains a minimum 30olo magnesium chloride (the "Materials") as more specifically provided in Vendor's bid, which is attached hereto as Exhibit A and incorporated herein by reference. Vendor shall have a minimum of 30,000 gallons of magnesium chloride available for pick-up from 6:00 a.m. to 7:00 p.m., Monday through Friday beginning April I l, 2016 and continuing through November 30, 2016 atGlenwood Springs Rail Yard. Vendor shall have a minimum of 40,000 gallons delivered per occurrence to Glpsum Rail Yard within ten (10) days of "Request to Deliver" from County. Deliveries shall occur as needed by "Request to Deliver" from County beginning April I 1,2016 through November 30, 2016. The Materials shall be provided in accordance with the provisions and conditions of this Agreement. Vendor agrees to furnish the Materials from April ll , 2016 through November 30, 20 l6 and in accordance with the schedule established in Exhibit A. If no date is specified in Exhibit A, then Vendor agrees to furnish the Materials in a timely and expeditious manner. By signing below, Vendor represents that it has the expertise and personnel necessary to properly and timely provide the Materials. AS Eagle Eagle Cotlnty Ccmmissioners' OfficeC16-132 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 all Materials. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Materials for any reason in its sole discretion, then Vendor shall upon County's request and at no charge to County: take the Materials back; exchange the Materials; or repair the Materials. 2. County's Representative. The Eagle County Road & Bridge Director, or his designee shall be Vendor's contact with respect to this Agreement. 3. Term of the Aereement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph l0 hereof, shall continue in full force and effect through the 30fr day of November, 2016. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional Materials shall be provided by Vendor unless and until Vendor has obtained written authorization and acknowledgement by County for such additional Materials in accordance with County's intemal policies. Accordingly, no course ofconduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Materials, and no claim that County has been unjustly enriched by any 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 Materials is not timely executed and issued in strict accordance with this Agreement, Vendor's rights with respect to such additional Materials shall be deemed waived and such failure shall result in non-payment for such additional Materials. 5. Compensation. County shall compensate Vendor for the Materials in a sum computed and payable as set forth in Exhibit A. The Materials under this Agreement shall not exceed $326,950.00. a. Payment will be made for Materials satisfactorily delivered and accepted by County within thirty (30) days of receipt of a proper and accurate invoice from Vendor. All invoices shall include detail regarding the 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 Materials for which payment was made were not provided as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Vendor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 2 Eagle County Materials and Materials Agreernent 5/14 l. ii. iii. 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 3 I 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. Workers' Compensation insurance as required by law. 1r. 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 $ 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 offrcials, employees, agents and volunteers as additional insureds. A certificate of insurance 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, suacessors 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 indemniff 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 attomey 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 3 Eagle County Materials and Materials Agreement 5/14 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 Materials to County. Vendor shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Materials. 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, fust 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: Road & Bridge Department Post Office Box 250 Eagle, CO 81631 Telephone: 97 0-328-3540 Facsimile: 97 0-328-3 546 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 @e agle c ounty. us VENDOR: GMCO Corporation P.O. Box 1480 Rifle, CO 81650 Phone: 970-625-9100 Fax: 970-625-9101 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 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 4 Eagle County Materials and Materials Agreement 5/14 sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 12. Execution by 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-l}l to l2l. 13.Other Contract Requirements and Vendor Representations. a. Vendor has familiarized itself with the intended purpose and use of the Materials to be provided hereunder, the intended use of such 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 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 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 Materials in a skillful, professional and competent manner and in accordance with the standard of care applicable to vendors supplying similar Materials. d. Vendor warrants merchantability and fitness of the Materials for its intended use and purpose. e. Vendor hereby represents and warrants that the Materials will be new and guarantees all Materials against defects for a period of one (l) year from the date the 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 Materials furnished to Vendor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Materials furnishes a guarantee or warrantee for a period longer than one (l) year, then Vendor's guarantee or warrantee shall extend for a like period as to such Materials. g. Vendor warrants that title to all Materials shall pass to County either by incorporation into the County facility or upon receipt by Vendor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Vendor further warrants that Vendor (or any other person performing Work) purchased all 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 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: t. Any defects in Materials which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and 5 Eagle County Materials and Materials Agreement 5/14 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 modiS 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. 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. l. 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 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-lO3 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 6 Eagle County Materials and Materials Agreement 5/14 will perform under this Agreement and that Vendor will participate in the E-verifu 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 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 employ'rnent 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:/rrywdhs. gov/xprewrotiproerams/sc* 1 I 8 5 22 I 67 8 I 5 0. 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: Notiff the subcontractor and County within lhree (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. 8-17.5-102(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 notifu 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 BLANKJ 7 Eagle County Materials and Materials Agreement 5/14 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 BOARD OF COUNTY COMMISSIONERS By: Jeanne VENDOR: -4,^* ffioa a .+l/tt*/'\tz+,<z ^Z Ua-4-/ zLeu-zx-', /24-,/ ///./f fu.',ro/b 4)."**-"""-ry h"--."t";nz /2-<-t-".t*-./+fu p/s/z" 8 Eagle County Materials and Materials Agreernent 5/14 (: (-<v- -v //' z/'-1 vl Teak J. Simonton, Clerk to the Board EXHIBIT A SCOPE OF SERVICES AND MATERIALS, SCHEDULE, FEES 9 Eagle County Materials and Materials Agreement 5/14 Location EXHIBIT ''A'' EAGLE COUNTY 2OL6 MAGNESIUM CHLORIDE PROJECT Description qTY Unit Unit Price Amount TOTAL FOR PROJECI Project Notes: 1' Bid prices to be f.c.b Glenwood Springs railyards on Devereux Road in Glenwood Springs CO, and Gypsum rail yards on Railroad Avenue in Gypsurn CO. 2. Contractor shall have a minumum of 30,000 gallons of magnesium chloride available for pick-up from 6:00 a.m. to 7:00 p.m., Monday thru Friday beginning April 11, ?016 and continuing thru November 30, 2016 at Glenwood Springs railyards. 3. Contractor shall have a minimum of 40,000 gallons delivered per occurrence to Gypsum rail yard within 10 days of "Request to Deliver" from Eagle County. Deliveries shall occur as needed by "Request to Oeliver" from Eagle County beginning April 11, 2016 thru November 30, 2010. 4. The magnesium chloride product that is bid shall contain a minimum of 3O%magnesium chloride. Company Name (Bidder): 37G,q50.oo Glenwood Springs and Gypsum Rail Yards Supply Magnesium Chloride for Pick-Up and Oistribution by Eagle €ounty Staff 650,000 Gallons $O,5D3 r32Ggso BID FORM PRoJEcr TDENTIFICATION: 2016 supplying of Magnesium chloride projecr THIS BID IS SUBMITTED TO: Mailing: Board of County Comrnissioners Eagle County 500 Broadway Eagle, Colorado 81631 Eagle County Road & Bridge Department Attn: John Harris, District Supervisor P. O. Box 250 Eagle, CO 81631 3289 Cooley Mesa Road Cypsum, Colorado 81632 Physical: l. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with OWNER in the fonn included in the Coniract Documents to complete all work as specified or indicated in the Contract Documents for the contract price and within the contmct time indicated in this bid and in accordance with the Contract Documents BIDDER accepts all of the tenns and conditions of the Instructions to Bidders, including without limitation those dealing rvith the disposirion of bid security. This bid will remain open for thirty (30) days after the day of bid opening. BIDDER will sign the Agreement and submit the contract security and otheidocuments required by the Contract Documents within fifteen (15) days after the date of OWNER'S Notice of Award. In submitting this bid, BIDDER represents, as more fuily set forth in the Agreement, fhat: (a) BIDDER has examined copies of all the contract Documents and of the following addenda: 2. 3. Date (No addenda to Date) Nutnbg Abne A Partnershin By:(sEAL) (FirmName) {General Partner) Business Address: Phone Number: A Corporation By: PhoneNumber: Q.]O-G_?S{ \OC - ._. (Corporation Name) {State of of Person Authorized to Sign) (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders; (b) BIDDER has examined the site and locality where the work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the work, and has made such independent investigations as BIDDER deems nec€ssary; (c) This bid is genuing and not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not, directly or indirectly, induced nor solicited any other bidder to submit a fatse or sham bid; BIDDER has not solicited nor induced any person, firm, or corporation to refrain from biddinBi and BIDDER has not sought by collusion to obtain for himself any advantage over any other bidder or over OWNER. 4. BIDDER will complete the work for the following lump sum and unit prices: PLEASE USE EXHIBIT ..A'FOR BID PRICES BIDDER agrees that work will be completed on orbefore November 30. 2016. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. The following documents are attached to and made a condition of this bid: (a) Required bid security in the form of a certified or bank check or bid bond. Communication concerning this bid shall be addressed to the address of BIDDER indicated below: 5. 6. 7. PhoneNv$$er ZZa * K q <*q/6 ffiMffiu. CORPORATION llonesry, integrity, and commitment since 1964 PO Box r48O Rifle, CO 81650 Office: 970-625-91O0 ' Fax: 970-625-9]O] . Toti free: 8OO-2 44-Zx4A 9rncocorp,corn March 8,20L6 John Harris Eagle County Road & Bridge DepL P.0. Box 250 Eagle, C0 81631 Re: 2016 Supplying of Magnesium Chloride Project GMco would like to make Eagle coungr aware that use of the Gypsum, co ream Track is at the discretion of Union Pacific Railroad. In 2013 &zAM and 2015, there were no issues with railcars moving in and out of the Gypsum spur, but there is always a possibility. If for some reason the UPRR decides they need the track to store equipment on, we will not be able to use the track. It is a Team Track and that is the nature of their use. As in the pasi the local train delivers and picks up railcars on Monday afternoon unless Monday is a Holiday. Railcars would need to be released after two days from the spot time to avoid UPRR demurrage charges. GMco will supply fittings for the unloading of the cars if necessary. lt takes approximately 10 - 14 days to get railcars to Gypsum from the order date. If you have any questions please let me know. President GMCO Corporation BID OPENING RECORD SHEET ProJect Name: 2016 Mag Project Dare: .* f /0/ /G i1/tttDad, cerrtfrfi*erute cuf comnganramce Hlus{Gau-cH@ *: -fhs:u.l-ml-Qryge s i r i o n lVlaErresirrlrr Clrloricle Liquid for Dr.rst Corrtrol and Soil Stal:ilization Y3;'t. c^s 77{rl {-17,9 pl_t (S% sotr-rtiorr)specificenuuily,, 7_g wcishr ];29 * 1.33 l)rorf rcr ;.r'rrrlysos Err,6! lrzni^^r - tu- / - 1 1"1 lbs'/gallo' 'l]#"q,tr{t3ffi #l' Ii,H^il::"1 rnav arrect the anarvsis orrrr 705 Nr:rrtr ,rrr|]H11i*: coNrPA]ORDER'NG '''"''::'ttre delivc:recl ;:rocrucr, o5;.c,re.rr, ',u5 uor,Tliu' 1*800-6e3-asg+ GENERAT- oFFfcE (it01) r:;i:.::i*n"'' - 8300 college BorrreuJrcr frarx {rJ01f t:i-1,$1., tax (913) 338-zgos ovetrancr-park, t(.rnsas 6621o D.rsrci;rro-,,, ,o,nl,l,i ,,.n ,^ FAa.-_, . r-.1-nlntlfiT;3--r*, " lll:: ;,;;,,."-"J;trilarecl to contror 1r=l:: stabirize.s.orrs on unpavecr1lr:t[ot,,'rr,,arii'' ur rtrgrlrve clusI A corrosion in]ii,r,to,. ,s avarrabtc ,::.tr,-st'r:r<grrrcs, arcr M*l$-e.1.:n(,er:f irnnirr..:tri^,1 ^^-f, _r c'vdrlclulc to enlrancc producl r' cordcr t,,,n#jl*rj,r:!t+trl jls w a u, ii,c :;;Jfi :Tl,fJm1 jtrffi .rr *r* o,,,r ,if ii,u sroragls pu,iol -illyi*n *ui"il ;li:!i"fid1lhi:i:,?1.i",,i;r..,1:,1;1J:; '* qrourrr,r:rr '\ruminum storage tantcs ;,r;;;;;o"qr,,p.unt srrourcl nor Dr:s{GarcJ{i is proclt l(t:vrn M. Srnrilr' D6 uuur Ogcfen Uta dnd 31.0 2.5 66.2 30.o DZ.5 - 33.0Less l'lran zt.O_ 70.0 Olrcl;rtiorrs Supli :rintctrclint 2vailable rn bulk vra [ruck & rzrrl lant< cars -:1 / -\J€-t_+_ . €Com0ass-= ^Minerals DUSTGARD@ LIQUID PROpUCI!-9N LOCATTON Ogden, Utah PRODUCT DESCRIPTION Procluced nlturally front the Creat Salt Lake, DustGarcl Liquid is fonnulated to control dusl antl stabilize soil on unpaved roads, srockpiles, und other sources o[ fugitive dusr. DusrGard Liquid is a light amber liquitl wirh a densiry of approxinately t85 gallons per ton. rvrETHoD oF ANALYSIS All testing is fronr Compass Minerals' internal quality control procedures, which are available upon requesl. aPPLICATION ANp STOSAGE This liquid MgClZ producr in srorage should be agitated regularly lo nrininrize precipitarion of undesirable solids/crysrals. Application equipmenr should be washcd daily with water. Stor.rge equipnrcnt should be rinsed witlr waler lo prevent buildup of solids. Aluminunr $torage tanks or hauling equiplnent should not be grounded. Over applicrrtion of MgCl2 nray resulr in unusually slippery road surfaces and should be avoided. 99lX) lVcqt l0ltb Strrct - Sullc 100 Overlrnd Por\ Klnsas 6(O10 Phnne 80t1.755-7258 Far SlXt-359-725tt PHYSICAL PROPERTIES Specihc Graviry pH(5% Solution) Weight l.3l+/- 0.02 7.0 - 9.0 10.7- ll.llbs./gallon Prurlrct June 2Ol4j'lti&tihiioititpi*iricl€qtsl$lqindimtivc md nol ro bc inrcrpucd as a spccificrrion rnr! no wln:rnry isgircn Irl*garrium Chloridc Sulfate lbhssium }l'rtrt LlsCl; SO. K rl_'o (.ri) (f') ('i) (!6l 10,.1 t,9 o.3 6L ?E -.3.t o -2.7 o.t *0.5 61 -72 -*"3rt =L:omCIass-- 'Minerals SAFETY DATA SHEET Product ldenlllier Other means of ldentmcetlon Recommended use Reconnrended restrictaons llllanufacturer CTIEMTREC CANUTEC llllagnesium Chlorlde Agueous Soluilon 7786-30€ FREEZGARD LITE CI PLUS FREEZGARD ZERO CI PLUS FREEZGARD LITE CI PLUS LS DuslGad DustGard Plus FreezGad Zero FreezGard Ute MagnaPro Chlorl.l{ag Dusl supresshn, deicing- general industrial, and speciality uses. None known. Norlh American Salt Company A Compass Mlnerals Cornpany 9900 West 109th Street" Srdte 100 Overland Park. KS 66210 US Phone: 913-344-92@ 1-80&424-9300 1-613-998-6666 Physlcal hazards l'leallh hazards Envlronmenlal hazards OSHA defined hazards Label elements Hazard slmbol Slgnal word Hazard statemenl Precautionary statement Preventlon Response Storags Dlsposal Harard{s) not othenrrise elassitied {HNOC} Supplemental Informalion Not classified. Nol cla$sified. Not classified, Not classilied. None. None. The substance does not meet the criteria for classificalion. Observe good industrial hygiene practices. Wash hands affer handling. $tore away from incompatible materials. Dispose of waste and resldues in accordance with local authorjty requirements, None known. Not applicable, 3. Mixture Composltlon comments The criteria for lisling componentrs in this secl'ron are: Carcinogens, Respiralory Sensilizers, Mutagens, Teratogene and Reproduclive toxins are listed wheh present at 0.1% or grealer; components which are otherwise hazardous according to WHMIS/OSHA are listed when present at 1'0% or groater. Non hazardous components are not listed. The products perlainlng to ihis SDS harre various proportions olcomponenG which do nol meet the tisting cdterii. Inhalation Skin contact Eye contact lngestlon f br€athing is difficull, re,nove to fresh air and keep at rest in a posilion comfortable for breathing. Call a physlclan lf symptoms develop or perslsl. Rinse skln with waler/shower. Get medical attention if inilation develops and persists. Rinse with water. Ggt medical anention if irritation develops and persists. Rinse mouth. lf ingeslion of a large amounl does occur, call a polson control c€nter lmmediately. Pags: I ol 6 ts3us dala l6Januarf2015 Most impofiant symptomsteffects, acutE and delayed Indlcatlon of lmmedlate medlcal attention and special treatment n€Edsd General lnformalion Direcl conlact with eyes may cause ternporary irritialion, Treat symptomalically. Ensure that medical petsonnel ars aware of lhe malerial{s} involved, and take precautions toprotecl lhemselves. Sultable exllngulshlng medla Unsultable ertlngulshlng medla Speclflc hazards arlslng lrom the chemlcal Speclal protective equipheht and precaullons for firelighters Flre-flghting equipmenl/tnstruc-tlons Specific methods General fire hazards Hazardous combustlon products Exploslon dala Sensltivlty to mechanlcal impact Sensltlvlty to static discharge Treat for sunounding material. None known. Durirg fire, gases hazardous to health may be formed. Self+ontained breathing apparalus and full protective clolhing must b€ wom in case of lire. Use standard lirefqhling procedures and consider lhe hazards of olher inlohed materiats. Cool containers exposed to names with water until well after the fire is oul. No unusual lire or explosion hazards noted. May include and are not limited to: Hydrogen chlofide. chlorine gas. oxides of magnesium. Not available. Nol available. 6. Accidental Release Measures Personal precautlons, protecllve equipmenl and emergency procedures Methods and materlals for contalnment and cleanlng up Envhonmental precautions Keep unnece*sary personnel away. For personal protection, see seclion I of lhe SDS. Before attempting c.lean up, referlo hazard data given above. Smatl spills may be absorbed with non{eactive absorbent and placed in suitable, covered, labelled containers. Prevent large spilts from entering sewers or walerways. Contact ern€rgency servlces and supplier tor advice. For wasle disposal, see seclion 13 of the SDS. Avoid discharge inlo drains, water courses or onlo the ground, Precautions for safe handllng Condltlons for safe slorage, including any Incompatiblllties Avoid-contact with eyes, skin and clothlng" Use good industrial hygiene practices in handling thls material. Keep contiaineilightly closed ln a cool, dry and wetl-ventilated place. Slore array from incompatible malerials (see Seclion 10 of lhe SDS). Controls/Personal Occupallonal exposure llrnlts Biological limit values Approprlale englneering controls Individual protecllon mea:iures, Eyelface protectlon No exposure limils noled for ingredient(s). No biological exposuro limils noled for the ingredient{s). TWA PEL: No specific limits have been established for magnesium chloride (a soluble subsliance). As a guideline, OSHA (United Slates) has established the fotowing limits which are generally recognized for inert or nuisance dust. Particulates Not Otherwise Regulaled (PNOR): srnglcri.m. Respirable Dust 8-Hour TWA PEL, 1Smg/cu.m. Total Dust 8-HourTWA pEL. TWA TLV: No speciflc limits have been establlshed for magnesium chloride (a soluble substance). As a gubeline, ACGIH (Uniled States) has established the foltowing lirnits wtrich are generalty recognized for inerl or nuisance dust. Particulates (insolubles) Not Otherwise Classifed {PNOC):10mg/cu.m. Inhalable Parliculale 8*lours TWA TLV, 3mg/cu.m. Respirable Parliculate TWA TLV. Use process enclosures, local exhaust ventilation, or olher englneering mntrols to control alrborn€ levels below recommended exposur€ limits. lf user operations generate dust, fumes" or misl, usa venillatlon to keep exposure to airbome contamirants below lhe exposure limit. such as personal protectlve equlFment Safety glasses Page: 2 of5 lssus date 16Januarp2015 Skln protecfon Hand protection Other Resplratory protectlon Thermal hazards General hyglene consideralions Rubber gloves- Conftrm with a reputable supplier firsi. As required by smployer code. where.exposure.g-uideline-levels may be exceeded, use an approved NlosH respiratoror NIOSH-approved filtering facepiece. Not appllcable. Aw.ays-observe good personal hygiene measurcs, such as washing afler handting the maleriat and.bsfors eatlng, ddnklng, and/or smoking, Routinely rwsh wo* ilothlng and protective equipment lo remove crntaminants. Appearance Physical state Form Color Odor Odor threshold pH Meltlng polntlheezlng polnt Inltlal bolllng polnt and bolling fange Pour point Speclflc gmvlty Partitlgn cogfliclent (n-oclanol/water) Flash polnt Evaporatlon rate Flammablllty {solld, gas) Upperllower ftammablllty or explosive ltmlls Flammablllty llmlt - lower Not available. P/'t Flammabillty lirnlt . uFFer {7"} Exploslve limlt . lower {7o) Exploslve llmit - upper (%) Vapor pressure Vapordenslty Relative denslty Solublllty{les) Auto-lgnltlon lemperature Decomposlllon temperature Viscosity Liquid Liquid. Crystalline. Colodess to Light amber Odorless Not available, 7 -9l5a/osolution) -1 'F (-18.33'C) (300/6 solulion, periodically mixed to en$ure homogeneity) Not applicable 225'F (107.22"C1 Not available. 1.24 - 1.U (HZO = 1) Nol available. Not avalSable. Not available. Not applicable. Not available. Not availaile. Nol arrailable. Not available. Not available. Not available. Easily soluble In cold water, hot water, methanol, acelone. Not available. Nol available. Not avallable. 10. Stability and Reactivity Reactlvity Posslbllity of hazardous reactlons Ghemlcal stabllity Condltions lo avold Incompadble malerials Hazardous decomposlllon products Reactive with oxidizing ag€nts, acids, mslah in presence of moislure. No dangerous reaction known under conditions of normal usE. Malerial is slable under normal conditions. Contact with incompatible materials. Acids. Strong oxidizing agents. Melab. May include and are not limlted to: Hydrogen chloride. chtorine gas. oxides of magnesium. lnformatlon on llftely routes of exposurc Ingeslion Expecled to be a low ingestion hazard. Page: 3 of 6 lssu€ dol,B l6.ranuaqr20t5 Inhalation Skln contacl Eye contact Stmptoms related to the physical, chemlcal and torlcologlca I characterisllcs Informallon on toxlcologlcal effects Acute torlclty Skln corroslonfi rritailon Exposure minutes Erythema value Oedema value Serious eye damageleye irritation Corneal opaclty value tris leslon value ConJunctlval reddenlng value ConJunctlval oedema value Recover days Resplratory or skln sensitlzation Resphatory sensitization Skln scnsllizatlon Germ cell mutageniclty. Mutagenlcity Carclnogenlclty Reproductlve torlclgr Teralogenicigr Speclfic target organ toxlclty - slngle exposure Specilic target organ toxlclty - repeated exposune Asplratlon hazard Chronlc effecls Further Informallon Name of Toxlcologlcally Synergistlc Products No adverse effects due to inhalation are expecled. No adverse effects dug to skin contiact are exp€cled. Direct contact with eyes may cause temporary initation. Direct contact wilh eyes may cause lemporary initation. Not classilied. Prolonged skin contact may cause temporary lrdtation, Not available. Not available. Not available. Direct contacl with eyes may cause lemporary initation. Not available. Not available. Not available. Not available. Not available. Not classified. This product is nol expecled lo cause skin sensitization. No data available to indicete product or any components pres€nt at gr€ater than o.1o/o ate mutagenic or genotoxic. No data available to indicate product or any componenls presenl al greater lhan a1o/o are mutagenic or genoloxic, This producl is not considered to be a carclnogen by IARC, ACGIH, NTp, or OSHA. This product is not expecled lo cause reproduclive or developmenlal effects. Not cbssified. Not classified. Not classified. Not classilled. Not classified. This product has no known adverse eflect on human health. Not available. lnformation May be harmful to freshwater aqua$c species and to plants lhat are not saline tolerant. No data ls avaihble on the degradability of this product. No daia ayailable. No data available. Not auallable. No other adverse environmenlal effects (e.9" ozone depletion, pholochemical ozone crealion potantial, endocrine disruption, globalwarming potential) are expecled from thls component. 12. Ecotoxlcltlr Parslstsnce and degradabilily Bioaccumulallve potentlal Mobllity In soil Moblllty In general Olher adverse effects Dlsposal Instrucllons Local dispossl regulationg Hazardous waste code Wasle from resldues I unused products Collect and redairn or dispose in sealed conlainers at licensed waste disposal sile. Dispose in accordance with all applicable regulations. The utaste code strculd be assigned in discussion betwBen lhs u6er, the producer and the wasl6 disposal company. Dispose of ln accordance with local regulalions. Empty containers or liners may retaln some product residues. This matefial and its contain€r must be disposed of in a safe manner (see: Disposal instructions). Pag6. 4 ot 6 lssls ddt6 16{anuaqp2015 Contsmlnated packaging Emply containers should be taken to an Epproved waste handling sit6 for rgcycling or disposal. Since emplied conlainers may relain product residue, fotlow label wamings anen 5fter cohtainer is empUed. U.S. Department of Transportatlon (OOT) Not regulated as dangerous goods. Transporlatlon of Dangerous Goods fiDG - Canada) Nol reguhlod as dangsrous goods. Canadlan federal regulations WHMIS status US federal regulatlons TSCA Seaion 12(h) Export Notlficarion (40 CFR 707, Subpt D) Not regulaled. CERCLA Hazardous Substance Llst (40 CFR 302.4) Not lisled. clean Alr Act (cAA) section I 12{r) Accldental Release prevcntlon (40 cFR 6g.130) Nol regulated. Clean AIr Act (CAA| Secrton 112 Hazardous Alr pollutants (HAps) Llst Not regulaled. Superfund Amendments and Reauthorization Act of f 9S6 {SARA) Hazard calegories lmmediate Hazard - No Delayed Hazard - No Fire Hazard - No Pressure Hazard - No Reaclivity Hazard - No SARA 302 Extremely No hazardous subslance SARA 3{113'12 Hazardous No chemical SARA 313 (TRl reportlng) Not regulaled. Other federal regulations Safe Drinklng Water Act Not regulated. tsDWAI This product has been cbssified in accordance with the hazard crileria of lhe Conlrolled Products Reguhtions and lhe SDS conlains all lhe information required by the Conbolled Products Regulalions. Not Controlled Food and Drug Admlnlstratlon (FDA) US state regulataons Not regulated. US. Rhode tsland RTK Not regulated. Invenlory status Country{s) or reglon Canada US ' Callfornla Proposition 65 - Carclnogens & Reproductive Toxlclty (CRTI: Usted substance Not lbted. US. Massachusetts RTK - Substance List Not regulaled. US, Pennsylvanla RTK - Hazardous Substances Total food additive Direct tood addilive GRAS food additive Catifomia Safe Drinking Water and Toxic Enforcement Act of 1986 {Froposition 65): This material is not known to contain any chemicals cunenily lisled as carcinogens or reproductive loxins. Inventory name Domestic Substances Lisl (DSL) On Inventory (yesrno)' Canada Non.Domestic Subslances Ust(NDSL) Uniled Slales & Pr.rerto Rico Toxic Substances Control Act (TSCA) Inventory 'A'Yes' hdicales that all components ot thb producl cornply wilh the inventory requirernents administered by the goveming country(s) Yes No Yes F156t8 Pagn; 5 ol 6 bsu6 dat8 l6.JdruarlF!0t5 16. Other Information LEGEND Severe 4$erious 3 [,loderate 2 Sllght 1Minlmal 0 Disclaimer lssue date Efiectlve date Expiry date Further tnformation Prepared by Other lnformatlon The information In lhe gheet was lrritten based on the best knowledge and experlence cunenlly available. Information conlained herein was obtained from sources considered technically acctirate and rellabh. Whlle every efforl has been made to ensure full disclosure ol producl hazards, in some cases data is not available and is so slaled. Since conditions of actual producl us€ are belron{ conttol of lhe supplier, it is assumed lhat users of this material have been fully trained according lo the requiremenls of a[ applicsble legislalion and regulalory inslruments. No urarenty, expressed or implied, is made and supplier will not be liable for any losses. Injurbs or consequential damages whieh may r$ult from lhe use of or relianca on any infonnation contained in lhis document. 16January-2015 lSJanuary-2O'15 1 5.January.2018 For an updated SDS, please contiact the supplier/manufaclurer lisled on the first page of the document. Dell Tech Laboralories, Lld. Phone: {519) 858-5021 This Safety Data Sheel vras prepared to cornply with the current OSHA Hazard Communication Standard (HCS) adoption of the Globally Hatmonized Syslem of Classilication and Labeling of Chemicals (GHS). This SDS conforms to the ANSI Z4OOjtZ129.'t-2810 Standard. Pag€: 6 of6 k$!B dale l6.ranuarf?015 *.1 BID BOND KNoWALLMENBYTHEsEPREsfiNTS'thatwe,theundersign.d. as Principal. and North American Specialty Insurance Company as Surely. are hereby P.O* Box'1480. Rifle held and firmly bound unlo fsglg County Road & Bridqe in the penal surn of .. Frye_Betce!:tl€?"lolJ91g.! gnount Bid as OWNER made, rve hereby jointly and severally bind ourselves, successors and assigns. Signed. this loth day of March Thc Corrdilion of the above obligation is such thal rvhereas the Principal has submirted lo Eagle County Road & Bridge for the payment of rvhich. well and truly to be . 2016 a certain BlD. attached hereto and hereby made a part hereof to enter into a contracl in rvriting. for the 2016 Magnesium Chloride Project NOW. THEREFORE, (a) lfsaid BID shall be rejecred, or (b) lf said BID slrall be accepted and tlre Principal shall execute and deliver a contract in the Form of Contracr attached hereto (properly completed in accordance rvith said BID) and shall furnish a BOND for his t'aithfirl performance of said contract, and for the paymenl of all persons perlorming labor or furnishing materiats in connection therewitlt. and shall in all other respecls perform the agreement created by tlre acceptance of said BID- then this obligation shall be void, otherwise the same shall remain in force and effect; it being e.xpressly undersrood and agreed tlut tlre liability of the Surety for any and all claims lrereunder slrall. in no event. esceed the penal amounr of this obligation as herein stated. Pa{,e 1ol2 The Surety. for value received. hereby stipulate$ and agrees that the obligarions of said Surety and irs BOND shall be irr nqway.impaired or affecled by any extensiori of the time riithin rvhich tlre OIvNfrR nray accept sucti gf D; ano iaiJ Surery Uoeshereby rvaive notice of anysuch e.xtension. lN wlTNESs WHEREOF, lhe Principal and tlte Surety luve hereunto set their Sands and seals, and suclr of tlrem as are corporations have caused^tlreir corporate seals to be hereto affixed and tlrese presenls to be signed by their proper officers, the day and year first set forlh above. @lnsuranceCompany Atlom6lr{n-Fact IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's mosr current list (Circular 570 as amended) and be authorized to transact business in the state rvhere the project is located. Page 2 of 2 NAS SUROTY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY CENf,RAL POWER OF ATTORNEY KNou|A|,|.[|liNI]Y.|1.|EsEPREsEN.|.S.Tl.lAl'NorthAmcricatr$pr-cia|ry|nsuraltr:cConrpln1.' ltLsrtrirrrcc Conrpanl'. Schaunrhurg, Illhxris. s{ch docs hcreby nrirkr:. constitutc nrd oppoint: TIMO]],IY J, BLANCI{ARD. ANII'A C, KELLER. BROOKE DIANA LEE BECK. TERRI L, REESII. vlCKlE CoLOBIC, ROBERTCI{ARLES TORREZ, JoNAII{AN B. LAND nnrt Cl{RlSTlNA L. TOWNSEND JOINTLY OR SEVERALLY ]tstrucand|arr'lir|Attrrnrcy(s).itr-Frrct,lo]nrkc,cxccu|clsca|anitde|ivcr.|.orandonitsbcha||,unr|05itsuclrnrJ<|ccd, oh|igotrrrinihcnuturcolaholrrJonhclru|fo[grrchol'slirlConrp:rnics.os!ir|tiy.0ll 'mount trl: nFry MlLLloN (s50.000.000.fiD Dol.l.ARs This lblvcr of Altornsy is grantcrl and is signcd tr1' tacsimilu undrr rnd hy the nuthorily ol'rhc lirlkrrvirrg Rcsolulions udoptcrl h1 tfic Boargs ol' Dilcctors ol'hoth Norrh Anrcricun on thc 9{' ol'Mry, 2l}12: .*RESoLvED.thutan.vtuuo|.|hgI|fcsidcnt$.lnyManlgingDirucrrr.un1,ScnklrVicc|trcsidnl'thgsetr:laroranyAssistantSccrctat-r'lrc,undclthort irr thc gitcn hcr'clryisauthorizcr||rlottcs||o|hccxc0u|klno|"ln1.suchl'otwrol"A|krrnc1'undtoirttuhlhurcinthcs{:a|(|fthcCotnpirn3,li|d|||s rc1tifga|u]c|atinglh9'c|0by|ircsirni|c.0nda'|.\sueh httrtlingupotrthcp9ppq1tyMrcnsou|Ii,rr".r|undu|hcfUlutu jd,$glgy;,,::.;- - /)ffin.,,.j: "'*"' 'trt,r'.vg )' &.Scoiql'ircFnrirlolsflicdl,trrri..n$p..ldrthnnx.rC.nPst lN WI'INESS WI'IEREOF. Nonh Antericln Spccialtl Insurungc Contplnl and lVushington Internllionul Insurancg Cotrrpany h.nc sauscd rheir ollicial scals tn hc hcrcunto allixcd. untt lhcsc prescnts to hc signcd hy rhcir aurhnriecd olliccrs rhis l![da1, of . ScJrtcinbir . 20 | 5 . Norlh .\mcricun Spccialty Insurtncc Company lYtshinglon Inlcrnnliontl In$$rrtcs Complny Statu ol'lllinoi.s Cotrnl3 ol'Crxrk s's: 0nlhis,?$hrtuo|.Scptcrnhcr.20j!.lt|.uretttt".'.!Ntrlarvlttthltr'grcrsorro||yuppcoru..-$]cvcllll..\ndcnon 1vash|ntknl|ttlL'ntuli0n!||nsuranccCornponyunrIScniorViectlresidcntol,Nor|hAnturicanSpcciu|t1'|nsunrncgCtrtrtp Sctri(rrVicc|,rcgidcntoI'Wlshinglon|ntcrrrlliona1|l$rtrlngcCompirn1,anrlScniorVicct,rcsirftrtofNorthAm'jri.ou3p*.iultyl'''** compill|y,pcrsonullyknorvnton*.rthobeingbymcdulyswtm.lcknorvtcdgsrlthotthc1.signed||rgahtlr.cPorr.cro[./ittorn ar:knorr'lcrJ8ed $oid inslrunlsnt lo he the volunlury ucl and decd oflhcir respcctive complnic.s, H IENI{Y lonnY Pugts. srtlE 0F [!NoF EXffiES tt0lreort I' Jcl'l"rcr' Goltlhcra . tlw duly clcctctl Astistirnt Secrctan ol'North Amcriciln Spcciulty ln.surtncr. Crrmpunl.and Wnslringrou |nterntrtionulln*ullnccormpln'v,r|ohcreb.rcr:rti1i,|hotlhenb0vcnn.l AntcriclnSpcciah.r|nsurlnceCtxnparnyundWoshingtott|n|crnutionnl|nsurnttccCompany.wlrichis lN WITNffiS WI-IEREOF. I har'c scl ruy hand unrl aflixed tht seuls of tlrc Cornpanies rhis 10th dt!,ol' March . 2016 , ldllr!'ooltlhlrg, Vi.! rr6d.nr & ..l$lnril Sdrs.ry of lV*lurgrr* lntOrrnrxfl hqrrncc Co{pq, rt ltrrrh rinsriu.{nccrrlrv ttrflrm!c ( nnqr$v lvl, Kcnny, Norry Publlc \ EXHIBITB INSLIRANCE CERTIFICATES l0 Eagle County Materials and Materials Agreement 5/14 ,ACORD"l--'CERTIFICATE OF LIABILIry INSURANCE DATE (MM/DDIYYYY} 311812016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATE DOES NOT AFFIRMAT]VELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSUING INSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder isanADDIT|ONALINSURED,thepolicy(ies)mustbeendorsed. lf SUBROGATIONlSWAIVED,subiectto 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 License # 0757776 HUB International Insurance Services (COL) 2T42Ctossroads Blvd Grand Junction, CO 81506 ixilii'' Elizabeth Himes , E,il.(970) 245-8011 | li6.n",, (866) 908-6374 E.MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # rHsunen I , Zurich American Insurance Companv t6535 INSURED GMCO Corporation PO Box 1480 Rifle, CO ;p5gpEx s 'Am€rican Guarantee & Liabilitv 26247 rlsunen c ' Pinnacol Assurance Company fl190 INSURER D: INSURER E: INSURER F: -- COVERAGES CERTIFICATE HOLDER CERTIFICATE NUMBER: GMCOCOR.OI AWILLIAMSON1 REVISION NUMBER: CANCELLATION @ 1988-2014 ACORD CORPORATION. All rights reserved. The AGORD name and logo are registered marks of ACORD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE \DD1 NSn POLICY NUMBER tsULIUY EIFTMMDDffiI PULICY tXPIMMNDryYwI LIMITS A x COMMERCIAL GENERAL LIABILITY tvlCLAIMS.MADE ^ I OCCUR x x iLA399130614 12i31n0',t5 EACH OCCURRENCE s 1,000,00( 1213'112016 UAMAGh IO REN I tIJ PRFMISFS rFa 6.."r.$300,00( MED EXP (Any one pe6on)10,00( PERSONAL & ADV INJURY s 1,000,00( GEI JL AGGREGATE LIMIT APPLIES PER: f Vl ppo-PoLlcYl^ jEb.-1 | lLoc OTHER: GENERAL AGGREGATE 2,000,00( PRODUCTS - COMP/OP AGG $2,000,00( $ A AUl x X 'OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS X x iLA399130614 1431nO15 COMBINED SINGLE LIMIT lEa accidenll $ 1.000.00( 12i31t2016 BODILY INJURY (Per peEon) BODILY INJURY (Per accident) HKUPER I Y UAMAGE(Per accident)$ $ B X UMBRELLA LIAB EXCESS LIAB x OCCUR CLAIMS-MADE 4UC485679105 1213112015 EACH OCCURRENCE $5,000,00( 12t31t2016 $5,000,00( DED I RETENTION$ c WORKERS COMPENSATIONANDEMPLOYERS'LtABtLtTY Y/NANYPROPRIETOFYPARTNER/EXECUTIVE I OFFICERYMEMBER EXCLUDED? I (Mandatory In NH) lf yes, describe under DESCRIPTION OF OPERATIONS below N/A x r155502 07t01t2015 v lHEK L IUIH-A]STATIITF IFR 07t01t20't6 E.L. EACH ACCIDENT s 1,000,00( E.L. DISEASE. EA EMPLOYEI s 1,000,001 E.L. DISEASE. POLICY LIMIT s 1,000,001 A A lVorker's Comp AZ TX ,Vorker's Comp M969136305 ,vc969136305 071o112015 07t01t201s 07t01t2016 07to1t2016 EAACCTDENT/EMPLOYEE 1,000,001 POLTCY LtMtT 1,000,00( DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORO l0l, Additional Remarks Schedule, may be atiached if more space is requlred) Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are included as nsured with respect to General Liability and Automobile Liability. additional Eagle County P.O. Box 250 Eagle, CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. G[a-( ACORD 25 (20141011