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HomeMy WebLinkAboutECAT15-024 TCC RoofingAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND TCC ROOFING CONTRACTORS, INC. THIS AGREEMENT ("Agreement") is effective as of the LAt auv of Mc,q/.,ctL , ZO i ibv and between TCC Roofing Contractors, Inc., a Colorado corporation (hereinaE-efcontru.ffi13ni-Eugl. coiltyai, Terminal Corporation, a Colorado non-profit corporation (hereinafter "ECAT"). RECITALS WHEREAS, ECAT desires that Contractor perform certain repairs to the existing roof (the "Project") at the Eagle County Regional Airport Terminal Building located at2l7 EldonWilson Road, Glpsum Colorado, 81637 (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph I hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and ECAT in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and ECAT agree as follows: l. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A. which is attached hereto and incorporated herein by reference, in the locations identified by the County Representative using materials generally matching the existing roof finishes on the Property ("Services" or "Work"). The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than Decemb er 31, 2015. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. ECAT's Representative. The Airport Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Aereement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph I I hereof, shall continue in fuIl force and effect through the 3l't day of December, 2015. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by ECAT for such additional services in Eagle County Ccmntissioners' Office ECAT15-024 accordance with ECAT's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance ofalterations or additions to the Services, and no claim that ECAT has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by ECAT for such additional services is not timely executed and issued in strict accordartce with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. ECAT shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $5,980.00. Contractor shall not be entitled to bill at overtime andlor double time rates for work done outside of normal business hours unless specifically authorized in writing by ECAT. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as ECAT may request. ECAT shall only pay Contractor for actual time and materials utilized and Contractor's invoices shall reflect actual time and materials utilized. b. If, at any time during the term or after termination or expiration of this Agreement, ECAT reasonably determines that any payment made by ECAT to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from ECAT, Contractor shall forthwith return such payment(s) to ECAT. Upon termination or expiration of this Agreement, unexpended funds advanced by ECAT, if any, shall forthwith be returned to ECAT. c. ECAT will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to paynents made pursuant to the terms of this Agreement. 6. Subcontractors. Contractor acknowledges that ECAT has entered into this Agreement in reliance upon the particular reputation and expertise ofContractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without ECAT's prior written consent, which may be withheld in ECAT's sole discretion. ECAT shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom ECAT has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by ECAT and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward ECAT. ECAT shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: Types oflnsurance. 2 ECAT General Services Final 5/14 Workers' Compensation insurance as required by law. ii. 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 $ I ,000,000 per occurrence and $2,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include ECAT, 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. ii. Contractor's certificates ofinsurance shall include subcontractors, ifany as additional insureds under its policies or Contractor shall furnish to ECAT separate certificates and endorsements for each subcontractor. 111. termination hereof. The insurance provisions of this Agreement shall survive expiration or iv. The parties hereto understand and agree that ECAT 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 Govemmental Immunity Act, as from time to time amended, or otherwise available to ECAT, its affiliated entities, successors or assigns, its elected offrcials, employees, agents and volunteers. v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnifu and hold harmless ECAT, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which ECAT 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 nonperfonnance by Contractor or any ofits subcontractors hereunder; and Contractor shall reimburse ECAT for reasonable attorney fees and costs, legal and other expenses incurred by ECAT 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 ECAT to the extent that ECAT is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of ECAT and are to be delivered to ECAT before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) ECAT General Services Final 5i l3a 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. EAGLE COUNTY AIR TERMINAL CORPORATION: Attention: Jeff Brownback 500 Broadway Post Offrce Box 850 Eagle, CO 81631 Telephone: 970-328-2645 Facsimile: 97 0 -328-2687 E-mail : j effrey.brownback@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail : alty @e agle c ounty. us CONTRACTOR: TCC Roofing Contractors, Inc. Attention: Eddie Leiva Post Office Box2123 Eagle, CO 81631 Telephone: 97 0-328-2340 Facsimile: 97 0 -328-207 7 E-mail : tccroofi ngeddie@centurytel. net I l. Termination. ECAT may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide ECAT with all documents as defined in paragraph t hereof, in such format as ECAT shall direct and shall retum all ECAT owned materials and documents. ECAT shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue. Jurisdiction and Aoplicable 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. 13. 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 4 ECAT General Services Final 5/14 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 notaized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-10l to l2l. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results ofsuch observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given ECAT written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy ofthe Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that ECAT has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. C. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of ECAT. 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 ECAT and Contractor except that of independent contractor. Contractor shall have no authority to bind ECAT. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of ECAT. Any attempt to assign this Agreement without such consent shall be void. 5 ECAT General Services Final 5/14 k. This Agreement shall be binding upon and shall inure to the beneht of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability ofany other provision hereof. n. The signatories to this Agreement aver to their knowledge, no employee of ECAT has any personal or benefrcial interest whatsoever in the Services or Properfy described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, ifa natural person eighteen (18) years ofage or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfirlly present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15.Prohibitions on Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certifli to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.sov/xprevprot/proera ms/sc 1185221678150.shtm c. Contractor shall not use either the E-verifu program or other Department Program procedures to undertake pre-employment screening ofjob applicants while the public contract for services is being performed. 6 ECAT General Services Final 5/14 d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and ECAT within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor ifduring such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in c.R.s.8-17.s-102(5). f. If Contractor violates these prohibitions, ECAT may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to ECAT as required by law. g. ECAT will notifu the Colorado Secretary of State if Contractor violates this provision of this Agreement and ECAT terminates the Agreement for such breach. [Rest of page intentionally left blankJ ECAT General Services Final 5/14 lN WTTNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Title:,*-.Ly'?fo,'c-.F I UCA"I' Cencral Scrviccs Final 5/l.l EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 9 ECAT General Services Final 5/14 Exhibit A 8/261Ls PROPOSAL SUBMITTED TO: NAME: Eagle County Regional Airport Attn. ADDRESS: P.O. Box 85O CITY: Eagle STATE: CO ZIP:. 81631 CELL: 970-977-0286 E MAIL: wolfoang.opel@eag leconty. us WORK TO BE PERFORMED AT: Job No. R-53OO Opel Wolfgang LOCATION: Eagle County Regional Airport Terminal Building ADDRESS: 2L7 Eldon Wilson Road CITY: Gypsum STATE: CO ZIP= 8L637 ALL MATERIAL IS GUARANTEED TO BE AS ACCORDANCE WITH THE DRAWINGS AND WORKMAN LIKE MANNER. SPECIFIED, AND THE WORK SPECIFICATIONS SUBMITTED TO BE PERFORMED IN AND COMPLETED IN A P.O. BOX 2123, Eagle, CO 81631 Telephone 970-328-2340 Fax 970 328-2077 ConIro,ctors, lvrc. SCOPE OF WORK JOB # R-5300 The Following proposal is for the Propeftv ffi known as Tlhe Eagle County Regional Airpoft Terminal Building, Gypsum. This is based upon a walk through with Eddie Leiva and Hilario Torres. TCC proposes to do the following -TCC to provide labor and materials to properly manufacture and install roughly 2OLnFt of metal cap at deck wall. TCC will install waterproofing below cap and necessary flashings - TCC to provide labor and materials to properly re-install metal roof panels that appear to be sliding down from roof. - TCC to provide labor and materials to properly remove and replace existing open downspouts at 6 separate areas at the terminal. (Metal Cap Work).r'r,,rrrr.rr.r.r..rrr...r.r.rrrrrrr.,r.!........$750.Oq (ROOf Panel WOrk)....rrr.rr.r.rrrrrr.rrrrrrr.rr....rrr.........$2125O.OO (Downspout Work).rr.rrrr..r.r.rr.r..rrr.rr.r.rr.rr.r.rrrrr...$2'98O.OO CONDITIONS: 1. Please be advised that materials for this proposal have been bid at current market prices and cannot be guaranteed past 30 days. 3. WINTER CONDITIONS CIAUSE: Proposal does not include ice and snow removal, if needed this will be billed on a cost plus basis.4. WARRANTY: TCC Contractors Inc. will warranty all labor against leaks for a period of 5O davs. Warranty is void if snow exceeds 24" and is not removed. Snow removal peformed by anyone other than TCC Contractors Inc. or other local, properly insured contractor will void warranty. 5. INSURANCE: TCC Contractors Inc. is fully insured with liability insurance in the amount of $2,000,000 and workman's compensation. Certificates of insurance will be forwarded to client upon acceptance of proposal. Cost Cost Cost P.O. BOX 2123, Eagle, CO 81631 Telephone 970-328-2340 Fax 970 328-2077 EXHIBITB INSTIRANCE CERTIFICATE 10 ECAT General Services Final 5/14 --,qionif CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOTYYYY) L2/L6/2OL5 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS GERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. po|icy(ies)mustbeendorsed.|fsUBRoGATloNlswAlvED'subiectto the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 S?$Il"t ilurie Quinn, crc il]grtF^ .-... (303) 824-6500 | lif n"', (303)3?0-0118 F-JH!"", juIie. quinnGmoodyins . coro INSURER(S'I AFFORDING COVERAGE NAIC # TNSuRERA :Cincinnati Specialty Underwriters 1303? INSURED TCC Contractors, Inc. P O Box 2L23 Eagle co 81531 rNsuRER B :Cincinnati Insurance Company LO577 rNsuRERc :Cincinnati Indennitv .Company 23280 rNsuRER D :Pinnacol Assurance 41190 INSURER E : IEFP E . COVERAGES CERTIFICATENUMBER:15-15 !'/ FOTMS 6 THIS IS To CERTIFY THAT THE PoLlcies oT IrusuRnNcE LISTED BELoW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTFiACT 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 NSn WN POLICY NUMBER {M fl LIMITS A x COMMERCIAL GENERAL LIABILITY ICLAIMS.MADE IX OCCUR x csuo050511 Additional Insured status 9/L/20rs 9/L/2016 EACH OCCURRENCE 9 1,000 ,000 E IO t{tsNIEU iES (Ea occurrence)g 100,000 MED EXP (Anv one peEon)$ EXCLLTDED PERSONAL & ADV INJURY S 1,000,000 GEI IL AGGREGATE LIMIT APPLIES PERr --aporrcv xlSFc"i I lLoc applies only to the extent provided in fom csrA405 (08/09) GENEML AGGREGATE 5 2,000 ,000 PRODUCTS. COMP/OP AGG E 2,000,000 Employee Benefits Liability $ 1,000 ,000 B AU1 .OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS EPPo151407 9/L/2015 9/r/20L6 COMBINED SINGLE LIMIT fFe ec.ident)$ 1,000,000 x BODILY INJURY (Per pe6on)$ BODILY INJURY (Per accident)o PROPEF {Per acci Y DAMAGE D c x UMBRELLA LIAB EXCESS LIAB X ] occun l "*,t.-too.EXS0208?38 9/L/20Ls 9/L/2OL5 EACH OCCURRENCE $ 1.000.000 AGGREGATE $ 1,000,000 nrn iXlnererrrons o D WORKERS COMPENSATION ANDEMPLOYERS'LlABlLlrY Y'N ANY PROPRIETORYPARTNEFYEXECUTIVE -N'A 4 108033 9/L/2OL5 9/r/2016 v PtR ^ STATIITF E.L. EACH ACCIDENT $ 1,000 ,000 oFF|CER/MEMBER EXCLUOED? L_(Mandatory in NH) lf ves. describe under DFscRtPTtoN oF oPERAT|oNS berow E.L. DISEASE - EA EMPLOYEI $ 1 .000 .000 E.L. DISEASE - POLICY LIMIT $ 1 .000 ,000 B contractors Equipment leased/Rented Equipment EPPo161407 ACV 9/L/20Ls 9/L/20L6 Limit $50,000 Deductible $1,000 DESCR|PT|ON OF OPERATTONS ' LOCATTONS t VEHICLES (ACORD 10',1, Additional Remarks schedule, may be attachod if more space is rsquired) Eagle County Air Terminal Corporation is included as an Additional Insured with respect to General Liability as required by written contract. REVISION NUMBER CANCELLATION @ 1988-2014ACORD CORPORATION. All rights reserved' ACORD 25 (2014101l- lNQ1126 ronr rnr r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. chlis . anderson@ eaglecountY Eagle County Air Terminal Corpolation P.O. Box 850 Eagle, CO 81531 Quinn, CICIAMAMAR The ACORD name and logo are registered marks of ACORD csu005061 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS . AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - oPERATTONS AND COMPLETED OPERATTONS (LTMITED) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy, but only to the extent that the liability is caused by "your work" performed for that additional insured and only to the extent that such liability is caused by your negligence, acts or omissions or the negligence, acts or omissions of those acting on your behalf. lf not specified otherwise in the written con- tract or agreement, a person's or organiza- tion's status as an additional insured under this endorsement ends one year after your operations for that additional insured are com- pleted. The written contract or agreement must be currently in effect or become effective during the term of this Coverage Part. The contract or agreement must be executed prior to the "bodily injury", "property damage" or "personal and advertising injun/'to which this endorsement pertains. B. With respect to the insurance afforded to the- se additional insureds, the following additional exclusions apply: This insurance does not apply to. 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, en- gineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications, or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily lnjurt''or "property damage" aris- ing out of '!our worK' for which a consoli- dated (wrap-up) insurance program has been provided by the prime contractor / project manager or owner of the construc- tion project in which you are involved. 3. "Bodily injurt'', "property damage" or "personal and advertising injury" to any employee of you or to any obligation of the additional insured to indemnity anoth- er because of damages arising out of such injury. 4. "Bodily injury", "property damage" or "personal and advertising injury''for which the Named Insured is afforded no cover- age under this policy of insurance. With respect to the insurance afforded to the- se additional insureds, SECTION lll - LIMITS OF INSURANGE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever is less. lf no limits are specified in the written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of insurance are in- clusive of and not in addition to the limits of insurance shown in the Declarations. With respect to the insurance afforded to the- se additional insureds, SECTION lV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS, 4. Other Insurance is amended to include: Any coverage provided herein will be excess over any other valid and collectible insurance c. D. csrA4os (08/oe).D Includes copyrighted material of Insurance services ffice, Inc., with its permission.Page 1 of 2 available to the additional insured whether primary, excess, contingent or on any other basis unless you have agreed in a written con- tract or written agreement executed prior to any loss that this insurance will be primary. This insurance will be noncontributory only if you have so agreed in a written contract or written agreement executed prior to any loss and this coverage is determined to be primary. csrA405 (08/0s)-D lncludes copyrighted material of lnsurance services Office, Inc., with its permission.Page 2 of 2