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HomeMy WebLinkAboutC16-133 Everist Materials LLCAGREEMENT FOR THE SUPPLY AND DELIVERY OF GRAVEL BETWEEN EAGLE COTINTY, COLORADO AND EVERIST MATERIALS, LLC .T THISAGREEMENT(..Agreement'')iseffectiveasofthe 2016by and between Everist Materials, LLC, a S. Dakota limited liability company with its$rinciple place of business at28755 Highway 9, Silverthorne, Colorado 80498 (hereinafter "Vendor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County''). RECITALS WHEREAS, County desires to purchase road base/gravel for its various County roads from Vendor; and WHEREAS, Vendor agrees to supply and deliver to County 3/i' CDOT specification road base/gravel (the "Materials") as more specifically provided in Vendor's bid; 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 andlor 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 and delivery of Materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Vendor and County agree as follows: l. Materials. Vendor shall supply and deliver 3/i' CDOT specification road base for Projects #4 and #6 of the Eagle County 2016 Gravel Project and as requested by County from time to time during the period commencing April 18, 2016 and ending September 30,2016 and as more specifically provided in Vendor's bid, which is attached hereto as Exhibit A and incorporated herein by reference. The 3/i' CDOT specification road base is hereinafter referred to as the "Materials" and delivery of the Materials is hereinafter referred to as the "Services." During the term of this Agreement, County may contact the Vendor from time to time, to schedule delivery of the Materials. Vendor shall have the Materials available and shall be able to perform the Services as requested and as set forth in Exhibit A. County has no obligation to purchase any specified amount of the Materials. Materials will be purchased by County at County's sole discretion. The Materials and Services shall be provided in accordance with the provisions and conditions of this Agreement. a. Vendor agrees to furnish and deliver the Materials from April 18,2016 through September 30, 2016 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. 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. Eagle County Ccmmissloners' OfficeC16-133 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. d. Liquidated Damages: County and Vendor recognize that time is of the essence of this Agreement and that County will suffer financial loss if the Materials are not available as specified in paragraph I . They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by County if the Materials are not available on time. Accordingly, instead of requiring such proof, County and Vendor agree that as liquidated damages for delay (but not as a penalty) Vendor shall pay County Three Hundred dollars ($300.00) for each day the Materials are not available as set forth in Exhibit A. 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 Asreement. This Agreement shall commence upon the date first written above, and subject to the provisions ofparagraph l0 hereof, shall continue in full force and effect through the 30ft day ofSeptember, 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 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 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-payrnent 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 $63,148.00. a. Payment will be made for Materials satisfactorily delivered and accepted by County within thirty (3 0) 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 lhat 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 retumed to Countv. 2 Eagle County Materials and Materials Agreement 5/14 l. ii. iii. 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 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. Auto coverage with limits of liability not less than $ 1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personaVadvertising injury, products/completed operations, broad form property damage with limits of liability not less than $ 1,000,000 per occrurence and $ 1,000,000 aggregate limits. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate ofinsurance consistent with the foregoing requirements is attached hereto as Exhibit B. ll. 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 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 1 Eagle County Materials and Materials Agreement 5/14 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 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, 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: 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 8 l63l Telephone: 970-3 8-8685 Facsimile: 97 0-328-8699 E -Mail : atty @e agle c ounty. us VENDOR: Everist Materials, LLC CiO Randy Brenner PO Box I150 Silverthorne, CO 80498 Telephone: 97 0-468-3 647 or 97 0-468-2521 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. 4 Eagle County Materials and Materials Agreement 5/14 I l. Venue. Jurisdiction and Appliqable 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 by Countemarts: 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 irutrument. 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 payrnent 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 WotD 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 Countv 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: J Eagle County Materials and Materials Agreenrent 5/14 t. Any defects in Materials which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to anyproperty caused by such defects or the repairing ofsuch defects. 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. 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 witl 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. 24-76.5-103 prior to the effective date of this Agreement. 6 Eagle County Materials and Materials Agreement 5/14 14. Prohibitions on Govemment 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 ii. Enter into a subcontract that fails to certify to Vendor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Vendor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.eov/xpre\.prot/programsigc*l I 8522 I 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. lf Vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or oontracts 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 subpontractor 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(5). f. If Vendor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Vendor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Vendor violates this provision of this Agreement and County terminates the Agreement for such breach I Eagle County Materials and Materials Agreement 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year lrst set forth above. By: COUNTY OF EAGLE, STATE OF COLORADO, Byand Through Its BOARD OF COUNTY COMMISSIONERS VENDOR: EVERIST MATERIALS, LLC Attest: By: Teak J. Simonton, Clerk to the Board was i+l acknowledeed By: rn",hhu-lLf before me l)19 auv f (name { by its oft this of NOTARYPUBLIC PrintName: Tt-f ,n Mr..t lfu tlazltw \n^q (name 8 Eagle County Materials and Materials Agreement 5/14 ERIN MUMMA NOTARY PUBLIC STATE OF COLORADO NOTARY lO X 20124054708 MY COMMISSION EXPIRES AUGUS'T 22 2016 e McQueeney, Chai Countyor-l41qyfuf) The foregoing instrument rl( r; l 2u6 PROTOSAL trORI}I TIUS PROPOSAL FORr\,r $IUST BE SUBIUITI'GD 1VITII YOUR BID TO: Eagle County, Colorado 500 Brondway Post O{Iice Box 850 Eogle, CO 8t63t 2016 Cravel Projecr Thc undersigned, ltaving exnnincd the Inttructions to Biddcrs and any anrl all documenls relatedto tlre nbove rel'erenced project: (n) Agree to conrply rvith nll conditions, requirements, anrl instnrctions cf thc bid documcnts as stated or implied tlrersin; (b) Acknotvledges ll:e right of Eagle County, Colorado in ig sole discretion to reject any or all bids submitted, and that an arvard muy be made eyEn though rmr rhe lowest cost; (c) Acknorvledges and $grees that the discretion of Eagle Counly, Coloraclo in sclectionof tlte successful bidder or bidders shall be final, not subject to rcvicrv or attack; and(d) Acknorvledges thal this bid is made rvith full knorvletlgJof rhe forcgoing ancl lull ngrecmcnt thereto, By subnrission of this bid, and signature belorv, the biddcr acknorvletlges that he has theauthority to sign this Propcsal Form nnd bind the company named bclom Thc bidder firrtlrcr acknorvledges lhnt Eagle County, Cotorado has ilre ri$'* ti make any inquiry or inv"uiigoiion itdeems approprinte to substantiatc or supplement information sontoi;sd in thc bid and riiated documents, and authorizes releasc to Eagle County of uny anrl all informntion sought in suclrinquiry or investigation. CompanyName: Title of Pmposer: Signature ofProposer: BID FORIU FRO.IECT IDENTIFICATION: EAGLE COUNTY 20I6 GRAVELPRoJEcT, as itlcntificclon Exhibit A, attachcd hcrcto and incorporntcd lrcrcin. Tltls nID ls sunh{trrED To: EAGLE couNTy RonD & BRIDGE DEPARTMENT Mailing:Englc County Road & Bridgc Dcpnrtmcnt Attn: John l'larris, District Supcn isor ['. O. Box 250 Englc, CO 81631 Eaglc County Rold & Bridge Dcpartnrcnt Attn: John l'larris District Supcrvisor 32S9 Coolcy Mcsn Road G14rsum, Colorndo I | 637 l. The undcr.signctl BIDDER propo.ccs and flgrcc.s, if this bid is acccptccl, to cntcr inlo nn Agrccment rvith OWNER in the fonn includctl in thc Coniract Documcntr^ lo conrpletc nll rvork ns spccified or indicatccl in thc Contract Documcnts for thc contrnct pricc and tvitltin thc contract timc indicntcd in this birl ancl in nccordnnce rvith the Contract Documents 2' BIDDER ilcccpts nll of thc lcrms and conditions of thc Inslructjons to Biddcrs, including rvithout limitation thosc dcaling rvith thc tlisposition of bid sccurity. Tlis bid will remidn opcn for thirty (30) drys aftcr the day of bid opcning, BIDDER rvill sign tltc Agrccrucnt ancl subrnit the contract sccurity nnd otlreidoclmcnts rcquircd by the Contrnct Documcnls within fiflccn (15) days aftcr thc tlatc of OWNER'S Noticc of Arvnrd. 3. ln.subnritting tlris bid, BIDDER reprcsents, as more fully sct forrh in thc Agrcemcnt, tlmt: (a) BIDDER has examined copies of all thc Contrflct Documcnts ancl of ths follorving sddenda: Datc (No oddenda to Date) Number (Receipt of all of rvhiclr is hereby acknorvledgecl) and also copies of the Advertisement of Invitation to Bid and thc Instructions to Biclders; (lt BIDDER hm cxnminetl the sitc and locllity ryhcrs thc s,ork is to bcpcrlirnncd, the lcgal rcquircmcnt.s (fcrreral, st*rc, und rocar ra*s, .rdinnnccs, rulcs, and reaulations), and thc conclitions nlfcctiug cosr, progrcss, or perl'ormoncc of thc work, ancl has mnclc such indefcndent invostigations as BIDDER deems neccssnry; This bid i".,- gcnuine, and nor nude in tlrc interc.st oll or on bch:rll'oll nny untliscloscd pcr.son. [inn, or coqrorntiorr, nncl is not subrnitted in conlirnrritl'rvith any agrccmcrrt or rulcs of nny group, lssociation, orguniz.irtion, or corporation; BIDDER has not, ctircctly or intlircctll,, irrducctl nor solicitccl nny olhcr hirldcr to subnrit rr lulsq or shanr ["rid; BIDDER hns not.solicitcd nor intluccd irny person, linn, or c'rpurution t* rcli'nin fronr bidding; antl BIDDER hts not soughl h-v collusion to obtliu tirrhi'rsell'any ad'tntagc o'e[ any other birldcr or o'cr OWNI]R. 4- IIIDDER rvill completc tltc Sot'iccs lirr tlrc ltrllan'ing lurnp suur nn4 unit prriccx: PLIIASI USB EXIIIBI'I16.A!! IIOR BID PRICIiS -5' BIDDER ilgrecs to ;rrovidc tltc Product rrnd Scrviccs *vaillble in thc qulntirics 1nd Ittcitticns itlsntilicd in Eflibit A from April 18, 201 6 tlrrtrugh Scptern6cr .10, 29 I 6. BIDDER itcccpls lltc provisions ol'tltsAgrccmcnt as to liquidatet darnugcs ip th*cvent ol'lirilurc to complete tlrc Scrvices on timc. (r. Tlrc lirllorving clocuments urc rttnchetl to ancl nratle :r condition ol'rhi.s birl: (a) Rcquired bid .seuurity in thc fnnn of a ccrtilicrl or bank chsck or bid bond. 7. Cttmmunication conceming this bid.shall bc udclrcssctl to tlrc acldre.ss ol'BIDDER indicaled bclnu,: @huler1S%:k--3n* -SiUfdb&s ne E*Hk"rtp prroncN**b*" glCt__&lo$-&t J*_,..* _ - SUBMITTED ON (c) , 201 6. Il'BIDDER is: An lnrlivitlull fq /,+ lly:(sEn L) (lndiviclual's Nunrc) Doing hu.sinss-s u.s: lJusincss ltklrcss: Ithonc Ntrmhcr: A lll':tll!:r,grp N 14 B)': **(sEAL) (Gurrcral Partncr) Busincss Ad<lrcss: Plrone Nunrbcr: A corpo$rtion N lA By: (Corporation Narnc) (Statc oICorporation) 5y: (Name of Pcrson Authorized to Sign) (Tillc) (CORPORATE SEAL) Attcst: Busirrcss Atltlrcss: Phonc Numbcr: A roinr Vcrturc N lh (Namc) (Addrcss) Fy: (Nnmc) (Address) (Each joint vcnturc must sign. Tlrc manner of signing for cach individual, partncrship, and corporation that is a party to the joint venture should be in thc manner indicated abovc) By: BID BOND (Percentage) .i j BOND No- Everist Materials, LLCKNOWALL PERSONS BY THESE PRESENTS. Tharweo; PO Box 1150, Silverthorne CO B04iB hereinafter refeffed to as the Prlhclpal, andTravelers Casualby And Suret of Americae Tovrer Square, Hartford CT 051e3 -60L4 as Surety, are held and tirmly bound unto Eagle County o; PO Box 250, Eagle CO 8153L Five Percenb of the Total Amount, Bid hereinafter refened to as the Obligee, in the amount of -( ul --),forthe paymentof whlch we bind ourselves, our legal representatives, sucoessors and assigns, Jointly and severally, firmly by these presents. 'WHEREAS, Principal has submltted or is about to submit a proposal to Obligee on a contracl for l"e CounEy 2016 cravel ii it.. ,r1:l il.ll, 'l.. :l'..,! 'I.,::; NOW, THEREFORE, if the said contract be awarded to Prlnclpal and Principal shall, within such time as may be speclfied,. enter into the contract In wrlting and give such bond or bonds as may be specified ln the biddlng or conbaot documents with surety accephble to Obligee; or lf Prlnoipal shall fail to do so, pay to Obllgee the damages which Obligee may suftur by reason of such failure not exceedlng the penalty of inis UonO, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 17Ih day of March 20L6 Princlpal Everisb Materlal6, LIJC n,fu,f.( ,(r/-" * Fonn F45954-2001 TRAYELER OF ATTORNEY IS POWER OFATTORNEY Farmington Casualty Cornpany Flilellty and Guaranty fusmnce Compauy tr'ldelity end GuaranQr Insurance Underwritere, Ilc, SLPaul Fire and Marlnc Insurance Company St. Paul Gusrdlan InsurNnce Conpary St. Paul Mercury Insurance Company Ilevelers Casualty and Surety Company Thavders Casualty rnd Surety Compeny ofAmerica Unlted States Fldellty and Guaranty Comprny ^*.SJ Attorney-lnFactNo. 229372 certircureNo. 006593830 KNOW ALL MEN BY rr{ESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurancc Company, St. paul Guardian Insurance Compony, St. Paul Mercury Insurancs Company, Tmvelers Casualty and Surety Company, Travclcrs Casualty and Surety Company of America, and United States Fidelify and Guuranty Company arc colPorations duly oryanizrd nnder thc laws of tha State of Connecticut, that Fidelity and Guarrurty Insurancc Company is a corporatiorrdulyoIganizedundgrthelirwsofthestateofIowa,atdthatFidcIityandGuarrurtyIlsuranceUndervriten,Inc,,isacorporal.iondulyorgzedindilthc laws of the State of Wisconsin (herein collectively crrlled the "Compdnier"), and that tbe Companies do hercby mske, constitur€ anal appoiDt J. E' .lcnck.s. Jack E. Mitler. J. D. Mullcr'. C. A. Ilclvcs, J. J. Schcrschligt, Rogcr S{.arks. w, w. 'lbwnscnd. 'ncl T. M. cr.irtcndcn of the Chy ot Sioux Falls , Stur" of South Dakota , rhcir truc anct laMul Artorney(s)-in-Facr, cachin!hgirseParatecaPgcityifmorethanoneisnrmedobove,to!iigll'cx€cute,sed1ftdacknowledgeoryantla|lbonds,tecognizarrces,condi other writings obligatory in thc naturc thcrcof on bchalf of thc Companics in thcir business of guuantecing the Edelity of persons, gualanteeing t6e performance of contnrcl$ aod executing or guamnteeing bonds and uudertakings required or pemitted iu any cctions or procccclings allowcd by law, tN WITNtsSS WIPREOF, the ComPalie$iavc cnu.sed this instrurnent td bc signed and theil corporate seals to be hereto affixed, this day o1 November .' 2ol-5 25rh Farmington Casuelty Compeny Fldellty and Guaran!y Insura[ce Compsny Fldetlty and Guaranty Insuioncc Underwrllers, Inc. St. Paul Flre and Marine fnsurance Company St. Pnul Gurrdian fnsurance Company South Dakota St. Paul Mercury Insuronce Company Tfavelers Casualty and Surety Complny Ttavelers Casualty and Surety Compnny of Americn Unitod Stttes Fidelity and Guaranty Company State of Conn€cticl! City of Hartford ss. on ttris thc 25th Novenrber @@ffi@ffiffi@@ ffi day of ' '" ' --'"'' , 'v I r , before me penonally appcared Roben L. Raoey, who acknowtedgecl himsclf to2015 be the Senior Vice Presidcnt of Farmington Casual$r Company, Fidelity and Guaranty Insuranc.e Compnoy, Fi6elity aocl Guaranty lnsuoce UEderwritcrs, lnc., St. paul Firc and Marinc Insurancc Cornpany, St. Paul Cuardian Insurance Company, St, Paul Mercury hsurance Company, Trnvclcrs Casualty nnd Suroty Company, Travolcrs Casualty and Surety Company of America, and Unitcd States Fidelity and Cuaronty Compatry, nnd that he. as such, being authorized .so to do, executed thc foregoing instrument for the purposes lhercin contained by signing on bchalf of the corporations by himself as a duly authorizett officor. In Witness l{hereof, I hereunto set my hand and official scal. My Commission expilcs thc 30th doy of Junc, 20 t6. 58440-8-12 Prlnted in U,S.A. By: Marie C. Tctrcsult, Notury Public POWER OF ATTORNEY IS IWALID WITHOUTTHE RED This Powcr of futorney is grmrcd undor nnd by thc authority of thc followi-og rusolutior:S adopted by ttre Boards of Dircctols of Farmington Casualty Company, Ficletity und Guoranty lrrurancc Conrpany, Fidelity ltnd Guarant5r Insurance Unddrwriters, Inc., St. Poul Firc and Marine Insumnce Company, St. paul Guardian Insurouce Company, St. Psul Mcrcuty Insuranca Company, Travslers Casualty and Surcty Company, Travclcrs Casualty and Surcty Company of America, and Uniled Stars$ Fidelity and Guaranty Company, which resolutions iue now in full force cncl effcct, reading as follows: RESOLVED, lhat ths Chairmm, the President, any Vice Chainnan, any Executive Vice Presidcnt, any Senior Vicc President, any Vicc prcsidenl, any Second Mcc Pr$idc0t, lhe Trcasurr, any Assistant Treasurer, the Corpomtc Secretary or any Assistant SccrEfdr may appoint Attorncys-irl-Faca and Ageots to ac! for aod on behalf of ths Company ald may give such appointee such authority as his or her certificatc of authority may prescribe to sign with lbc Compauy's name on<l se3l with lhc Company'sseaJbonds,recognizanccs,contractsofindegudty,andotborwritingsob|igatoryintlrenaturofabond,tecognizance,orconclitiona|undcrraking,an<.Iy of said officcrs or thc Boerd of Dircctors at any time may reflove any such appointce and revoke the power givan him or her; and it is I''URTHER RESOLYED, that lhe Chairman, tbe President, any Vicc Cbairman, any Executivc Mcc Prcsident, aoy Senior Vice presiderr or any Vice president may delegate all or 8ny Pilt of tlE futgoing authodty to one or more officcrs or cmployces of this Company, provided ttrst each uuch delegation is in vdtitrg and a copy thcrcof is filcd in thc oflicc of the Seoetary; and it is FURIHBR RLSOLVED, that any bond, rccognizancc, conract of indenrity, or wdtixg oblignory in the uatue of a bond, :.ecognizanc€, or conditional underraking shall be valid aurl bindingupon the Cornpany when (a) signed by thc Prcsidenr, ony Vice Chainnon, any Executive Vice Prasidenl, rny Senior Vice praridcnt or any Vice Prcsidcnt, any Sccond Vicc Prasident, the Tr€asurtr, any Asistant Trcasnrcr, lhc Corporatc Sccretory or any Assistant Secrehry and duly attcsted ald scalcd with the Company'ssealbyaSecretuyo[Assistantsecretary;or(b)dulyexecuted(undersea,I,.ifrcquird)byoncormoreArtomeys.in.FoctandAgentspurttranttoepwel prescribed in his or her certilicatc or ahck cerliflcales of authority or by ooe ol more Compauy officem pursuant to a wdttcn delcguion o] authority; 0,,a it is FURTHIJR R0$OLYED, that thc signature of cach of thc following officcrs: Prcsidcnt, any Exccutivc Vicc rrrcsidcnt, auy Senior Vco President, any Vcc prcsident, any Assistant Vice Prcsident, nny Scretary, ilny A,ssi$tant Secretary, and the seal of the Company may be affixcd by facsimile to iury power of Attorney or to any certifcst6Ielati0gthcrc!o6ppointi|uRcric|entVicePrcsidents,RgsidcntAssistantSccrtarie'sorAttorncys.in-Factfo[purposesorrlyof*ecuting and undcrtakings and olher writiugs obligatory in thc nature thereof, and any such PowerofAttorney or certificate bearing such facsimile signalure orfacsirnile seal shall bc valid and binding upoo $e Company and any such power so executcd aod ccrti{ied by such facsimitc siglrrhrre and facsimilc seal shau be v0licl ond biading on ths Company in th€ fulure with rcspect ta any bond or undcrstanding to which it is oltschcd, l,KevinE.Hughes,thcundenigned,AssistuntSecretu1,ofFarmingtonCasrraltyCompannFidc|ityandGuarantyhsurancccompony'Firlelitylrndcuarantyurice Ulderwr'itars,Inc',St.PaulFiraudMarineIncurunceCompany'St,Pau|Gu;udianInsuranccCotnpatly,st.Pau|McrcurInsuranceCompany,TYaveler.sCasua|tyaa Surcty Comparry,Tlnvelen Casunlty and Surcty Company ofAmerica, and Urilted Stales Fidelity and Guitrduty Cornpany do hereby ccrtify rhsr thc sbove an4 foregoing is a true and corrcct copy of thc Powcr of Attomey axecutcd by soid Compldcs, which is in fuII force anci cffect an<l has not bcen revokcd. IN TESTIMONY WEEREOF,I hayc hercunto set my hand rpd" ofliiccl tirg,seals of said Componies this 1 7T1{ day of MARCH nJ,S-. @ffiffi@€ffiffi@(#ffi To vsdfy thc autknticity of this Power oI Aiiorney, catl l-80042I-3880 or contact us at www.ttavclqsbond,com. Please refer to the Attorney-In-Fgcl number, rhc nbove-namcd individuals and tI€ details of thc bond to which thc powq is altachcd, e DD O2 co Fao C) t*oF C)oq. olf'tt,NO(oo€ b fieE Aip Ebd EFT #$?3!o-g0sd.{ (Ils6b o(] o.t EE#E S.E e F ;-€E€ T'$og .y(Dq, O oo e tD (\l :rh 6o'd t- TL 3 q 4 FA OZ co Faoo J s P I ao rr)- C\ o o EflEg E Fg$ # }E E rflEfrE tr=-E =.= EqtTro9 ,*€ s; s EFgosEJ _5FcEQO E> Fo ]U.? ox,.L J lU kflLCI6E =oQc{iri zf,oo trl (, TrJ :fh ()og IL b N\a t. Rta Eo Fv,o(J J f,oF o(? N- -9 I ee le fis g IFf,fif Hgggd ld(po(J- sr(E*ojE o6ul E E = 5 \ d @ 2 tro FaoO Jfo F. ooc.t 0) .EE Esfe EH;E:y Po €$.gE "q $.8 _g €EHE 3 B.g #E J.= ElE:g Og;t>\E-C F€Ef Eoou J' {D Eo =(u vt s oo.6. t- TL (f} +b oo'g' [L Fg ,J\I-ro{4 Fg oa_ rt go aoo J Fot- @€(fr- t(,ooa c' ffiorooE*(J-o orf,8.8$ i .E 5.e lE8; Ioto b IEbt I:eH I .s,# e IEEc I6 o.ro Iu E- |C =(r) IfirE or I}E€ b IF.9 sf; I AE€ E I 0!.:lr* C' (EEOEtr -9oo r.p _ s -\v-$ I f- s6 o F(t)o(J J f,oF (\l(o ra:t o @o 19 rl b 8s- o.ETU'L €HTtroiti+e *rJ I- eE QS E€!oo8eErr EorE 5r0E o}E€ b FEFE o E_oHqo E0a .9o() Foul.?oto- UJ !-sr.Lo69to - (\ltuiF z:)o C)u o{ UJ (0 :$h () q)'g [L lo:th ()o'g' TL 3o E tr5 \a, € \Oaz Eo FaoO JfoF o(et o.i I o- l.'Eglb 8e Efgs Hggg It(uo E, J CL(t .Eo0r Eta <L \ d Sn E tro Fa,o C) J FoF CD cD- cqt ItI 3-eIP:'E ]IO O((' IlqBs I l,EFs I lE o 9 | E*E IFeE I#fr IO o.ro Iu Errj IElJ- ,IETt o -l FFEg lu, l## s*#o(u gtr to E(\l 5oc:, (,3 Eg CLruo ctltrEC.aDFrdc>(u Ep i,R€"; :,FEF,= clisgll[c i-t,E.o g,g8'troq' f5o(u ='o-EEioftlt ai u, vlgEgft EEbi6o=.f tri !i;;61d,rofa ,o ,L o orCop,o.>\i'(! E. o .JIE,.b,JElcllo( CAt =ui 'EtetErE t$ :rt!c:0isriE ' 'ct rHo!lr It rU ,nJ?|ll. cr.ll' B'rEl iiJ =ll:tlFIf(g( nia g |l, (! CTtr fE Eo E aC, o 5 EcE, oor,.Eig, 13.rTtlc, .: 9i.atort(gIII: EE+ay .!,= .8ft,o:EO - r,j oo oz c.E CL (lt Q(Uo o. o E$q ott Ecoo @:th Eo.6- l-& l.\ :Fh C)og (L 'ORD*ACOR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/L2/20L6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RSGHTS UPON THE GERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTTFICATE HOLDER. lMPoRTANT:|fthecertificateholderisanADD|T|oNAL|NsURED,thepo|icy 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 HowaIt+McDoweII Insurance 300 N. Cherapa Place, Ste 601 PO Box 5113 Sioux Falls SD 57117-5113 iil'' Toni Horton, CISR, AIS ilX\'^ --.. (605) 339-3874 | lnA "^,. (6osl33e-3620 iilffi tr"". thort onG howaltmcdowel 1 . con INSURER(S} AFFORDING COVEMGE NAIC # TNSURERA:General Casualtv Companw Of Wi rNsuRED The Everist Company Everist Materials LLC,Peak Concrete Pumping Badlands Trucking,Morrow & Sons Construction 28755 N Hwy 9 Silverthorne CO 80498 TNSURERB:Travelers PropertV & Casualtv INSURER C : INSURER D : INSURER E : INSIIPFR F . COVERAGES CERTIFICATE NUMBER:161 REV]SION NUMBER: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE NSp POLICY NIIMBFR EFF LIMITS A GENERAL LIABILITY X I covrr.rencnt- cENEML LrABtLtry----T-----l | | CLA|N.4S-MADE I X I occuR )CJ contractual Liability :cr 0383009 t/L/20t6 /L/20t7 EACH OCCURRENCE 1,000,00( UAMAGI IO RENIhIJ PREMISES lEa occrrrrcncc)s 300,00( MED EXP (Anv one oerson)5,00( PERSONAL & ADV INJURY $ 1,000,00C X I xcu included GENEML AGGREGATE s 2,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: --^^I por-rcvl X I tFX; I X lroc PRODUCTS . COMP/OP AGG s 2,000,00C $ A AU'] x x 'OMOBILE LIABILITY ANY AUTO ALLowNED [--l ScHEDULEDAUTOS L-J AUTOS I v I NONOWNEDHTREDAUrOS [ - ] AUTOStl :BA 0383009 /t/20L6 /L/2017 IMEINED SINGLE LIMIT r accident)s 1.00O.00C BODILY INJURY (Per person) BODILY INJURY (Per accident' PROPERry Ltd Pollution CA9948 $ r ooo noa A x UMBRELLALTAB I X I occun EXCESSLTAB I lcrnrvs_vrnr :cu 0383009 /L/20L6 /L/20t7 EACH OCCURRENCE s 3,000,000 g 3,000,000 oEo lXl*.tr"r,.,"* 1o,oo $ WORKERS COMPENSATION AND EMPLOYERS'LtABtLtTY Y/ NANY PROPRIETORYPARTNERYEXECUTIVE I-----.I oFF|CERvMEMBER EXCLUDFD? L__l(Mandatory In NH) lf yes, describe under DESCRIPIION OF OPERATIONS helow N/A 51,JIH. E.L. EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYE E.L. DISEASE. POLICY LIMIT B Excess Liabi].ity tuP-91M50835-1 5-NF /t/20L6 /t/20L7 Ea Occurrence Limit $? ,000 , 00( Asgresate Limit 97,000 , 00( DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Atfacn ACORD l0l, Additional Remarks Schedule, if more space is required)Eagle County, its associated or'affiliated entities, it successbrs c'-siigrns, elected officials, employees & volunteers are Additional Insureds under the General Lj.ability and Auto Liability policies ofinsurance if reguired by sigmed written contract executed prior to 1oss. Eagle County PO Box 250Eagle, CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, rownsend, crclHoRro &Z< G ACORD 2s (2010/0S lNS025 trnrnnst nr @ 1 98&201 0 ACORD CORPORATION. Att rights reserved. Tha Alif]Pll namc anr{ Inaa ara radiclara.l marlre nf AnnPr| o&o'CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OO'YYYY) 0L/ 28 / 20L5 THrs cERTTFTcATE rs rssuED As A MATTER oF TNFoRMATToN oNLy llo iorurens No RrcHTs upoN THE GERTIFICATE HoLDER. THls CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSUR.ANCE DOES NOT CONST]TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)' AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER' ffiderisanADD|TtoNAL|NSuRED'thepo|icy(ies)mustbeendorsed.|fSUER0gA||gNl5wA|vE'u'suDJecIlo the terms and conditions of the policy, certain policies may require an endoriement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). pRoDUcER 1-303-534-4557 MA, Inc. - colorado DiviEion 1705 17th StreeE, Suite 100 Denver, CO 80202 CONTAC] PHONE I i4I .. .I lA,lC. Nol: Flfg!"". denaccountt€chB@imacorp.com INSURER(S} AFFORDING COVERAGE NAIC # rNsuRERA: PINNACOL ASSUR 4119 0 INSUREO Everist lr{aterials, tLC d/b/a Peak ConcreEe PumPing d/b/a Morrow & Sons Construction PO Box 1150 silverthorne, co 80498 INSURER B : INSI.jRER C : INSI,RER D: INSURER E: INSURER F CERTIFICA 45984426 NUMBER: HAVEBEEN|SSUeoroTHElNSUREDNAMEDABoVEFoRTHEPoL|cYPERloD TNDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO 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. INSRrtP TYPE OF INSURANCE POLICY NUMBER POLICY EFF IMM'DD/YYYYI IMM/DDTYYYYI LIMITS COMMERCIAL GENERAL LIABILITY ]CLAII'S.MADE I IOCCUR EACH OCCURRENCE DAMAGE TO RENIEL} PREMISES (Ea muren@) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEI J'L AGGREGATE LIMIT APPLIES PER: por-rcvl l5fc"i Jloc GENEML AGGREGATE ! PROOUCTS . COMP/OP AGG ! AU'].OMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNEO AUTOS COMBINED SINGLE LIMI I D BOOILY INJURY (Per P€rson)$ BOoILY INJURY (Per asident) PROPERW OAMAGE(Per a@ident) UMBRELLA LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE EXCESS LIAB AGGREGATE l NFN I I RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS'LlABlLlrY Y/ N OTiTEOTEVE^I lTl\/F - N/A 4L29L98 02/ot/L6 02/otlt7 wIPER I lUlH'^lSTATIITF I IER E.L. EACH ACCIDENT $ 1, 000, 000 orrrceruMeMgenexcLUDED? - '- lN (Mandatory In NH) lf v€s. desdbe undernFscRrprrnN 6F opFFtATtoNs t|€tow E.L. DISEASE - EA EMPLOYEI $ 1, 000, 000 E.L. OISEASE. POLICY LII\,IIT g 1,000,000 DESCR|pTtON OF OpERATTONS ' LOCATTONS / VEHTCLES (ACORD l0l, Additional Remarl€ schod!le, may b€ attach€d if more spaca 13 requiFd) ,TE HOLDER ACORD 25 (20141011 ashscclain 4s984426 CANCELLA @ 1988-2014 ACORD CORPORATION. All rights SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS' Eagle County PO Box 250 Eag1e, CO 81531 AUrHoRlzEo REPRESENTA.'E / &il. The ACORD name and logo are registered marks of ACORD reserved. /- COVERAGES CERTf FICATE NUMBER: 45377e68 REVISION NUMBER: oRif CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY} 03 /23 /20L6 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 CERTIFTCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING !NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to 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 1- 3 03 - 534 -4557 Il'tA, Inc. - colorado Division X705 17th StreeE Suite 100 Denver, CO 80202 CONTACT NAME: PHONE , FM I {ArC Noll F-lA{1"". denaccounttechs@inacorp.com INSURER(S} AFFORDING COVERAGE NAIC # INSTJRERA: PfNNACOL ASSUR 41190 INSUREO EveriEt ldaterials, LLc d/b/a Peak concrete Purping d/b/a Morrow & song conEtruction PO Box 1150 Silvertborn€, CO 80498 INSURER B: INSURER C: INSIIRER D: INSURER E: INSIIRFR F THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUMNCE 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. NSRtYp TYPE OF INSURANCE POLICY NUMBER POLICY EFF .MM/DD/YYYY) POLICY EXP .MM/DD/YYYY}LIMITS JOMMERCIAL GENERAL LIABILITY lctArMs-MADE I IOCCUR EACH OCCURRENCE DAMAGE TO RENTED PRFMISES fEa @unencel MED EXP (Any one person) PERSONAL & AOV INJURY GEI AGGREGATE LIMIT APPLIES PERj GENERAL AGGREGATE 'o''"t [l SFgi f*l .o"PRODUCTS . COMP/OP AGG c AU'I 'OMOBILE LIABILIW ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON.OWNED AUTOS L;OMtsINEU \'INGLt LIMI I(Ea accid€ntl BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE lPer accidentl UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE opo i I npreNrolls A WORKERS COMPENSATION ANO EMPLOYERS'LtABtLtTY Y/ N ANY PROPRIETORYPARTNER/EXECUTIVE E:_N/A 4r29!98 02 / oL/ L5 02 / 0t/17 v TEK I tVrn. ^ 6?^?rr?E | !Ed E.L. EACH ACCIDENT s 1, 000, 000 OFFICERYMEMBER EXCLUDED? I S (Mandatory In NH) lf yes, d€scribe under nFqCPIPTION OF OPFRATIONS halnw E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE. POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATTONS / LOCATIONS / VEHICLES (ACORD 101, Additional R€marks Schodule, may be attachod if more space ls required) A waiver of Subrogation is provided in f,avor of Eagle counEy Colorado on the workera CompenEalion Liabitity Policy if required by written conEract or agreeDent and with respect Eo work performed by InEured eubJects to tshe policy terms and conditiong. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle couaty colorado Atlrl: Road & Bridge Department PO Box 250 Eagrl., co €1531 / /"fr @ 1988-2014 ACORD CORPORATION. All rights reserved. marks of ACORDACORD 25 (2014t011 gadie55 46377 96A The ACORD name and logo are registered PINNACOL ASSURANCE 7501 E Lowry Blvd Denver, CO 80230-7006 303-36 1 -400 0 | 800-87 3-7 242 yrww pinnacol.com Everist Materials LLC ETAL POBox1150 Silverthorne, CO 80498 NCCI#:WC0003138 Policy #: 4129198 lMA, Inc 1705 17th Street Suite 100 Denver, CO 80202 (303) 534-4567 ENDORSEMENT: Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our 1g[t against the personor organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date: February 1,2106 Expires on: February 1,2017 Pinnacol Assurance has issued this endorsement Underwriter E Lowry Blvd Denver, CO 80230-7006 4129198 43089134 359-8Page 1 of 1