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HomeMy WebLinkAboutGE15-007 - Encore Electric Agreement for Procurement • • AGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN GOLDEN EAGLE ELDERLY HOUSING CORPORATION AND ENCORE ELECTRIC,INC. THIS AGREEMENT("Agreement")is effective as of the 47)111day of l ,2015 by and between Encore Electric,Inc.,a Colorado corporation(hereinafter"Contractor")and Go'.en Eagle EIderly Housing Corporation,a Colorado non-profit corporation(hereinafter"Golden Eagle"). RECITALS WHEREAS,a second egress door is being installed at the rear of each unit with a small patio and Golden Eagle desires to hire Contractor to relocate electrical outlets and install an exterior LED light at each of these units(the "Project")at 700 Broadway Street,Eagle,Colorado 81631(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 equipment,materials and installation services as set forth below in paragraph 1 hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and Golden Eagle in connection with the procurement of equipment,materials and services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and Golden Eagle agree as follows: 1. Services or Work. Contractor agrees to procure the materials,equipment and/or products("Equipment") necessary for the Project and agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A("Services"or"Work") which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. If released,to commence work,prior to October 151,2015 the Contractor agrees to furnish the Services no later than the 3151 day of October,2015 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. 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. c. Golden Eagle shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event Golden Eagle does not accept the Equipment that has been provided by the Contractor for any reasonable reason,then Contractor shall upon Golden Eagle's request and at no charge to Golden Eagle: i. take the Equipment back; • ii. exchange the Equipment;or iii. repair the Equipment. 2. Goldden Eagle's Representative. The Maintenance Supervisor,William Wright,the Housing Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Tenn of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of paragraph 11 hereof,shall continue in full force and effect through the 31st day of October,2015. 4. Extl nsion or Modification. 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 Golden Eagle for such additional services in accordance with Golden Eagle's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that Golden Eagle 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 Golden Eagle for such additional services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shad be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. Golden Eagle shall compensate Contractor for the Equipment and performance of the Services in a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this Agreement shall not exceed$775.00 per unit or a total contract amount of$6,200.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by Golden Eagle. a. Payment will be made for Equipment and 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 Golden Eagle may request. b. If,at any time during the term or after termination or expiration of this Agreement,Golden Eagle reasonably determines that any payment made by Golden Eagle to Contractor was improper because the Equipment or Services for which payment was made were not provided or performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from Golden Eagle,Contractor shall forthwith return such payments)to Golden Eagle. Upon termination or expiration of this Agreement,unexpended funds advanced b}t Golden Eagle,if any,shall forthwith be returned to Golden Eagle. c. Golden Eagle will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6. Subcontractors. Contractor acknowledges that Golden Eagle has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without Golden Eagle's prior written consent,which may be withheld in Golden Eagle's sole discretion. Golden Eagle 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 Golden Eagle has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor,as approved by Golden Eagle and to the extent of the 2 Golden Eagle Procurement and Installation Final 5114. • S 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 Golden Eagle. Golden Eagle shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. 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, personal/advertising 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 Golden Eagle,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to Golden Eagle separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that Golden Eagle 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 Golden Eagle,its affiliated entities,successors or assigns, its elected officials,employees,agents and volunteers. • v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless Golden Eagle,and any of its officers, agents and employees against any losses,claims,damages or liabilities for which Golden Eagle may become subject to due to Contractor's or its subcontractors' negligence insofar as any such losses,claims,damages or liabilities 3 Golden Eagle Procurement and Installation Final 5/14 • T • • arise out of, 'rectly or indirectly,this Agreement,or are based upon any performance or nonperformance by Contractor o any of its subcontractors hereunder;and Contractor shall reimburse Golden Eagle for reasonable attorney fee and costs,legal and other expenses incurred by Golden Eagle in connection with investigating or defending y such loss,claim,damage,liability or action. This indemnification shall not apply to claims by third parties against Golden Eagle to the extent that Golden Eagle is liable to such third party for such claims without regard to th involvement of the Contractor. This paragraph shall survive expiration or termination hereof. Notwithstan ing anything contained in the Contract Documents to the contrary,Contractor shall not be obligated to indemnify o defend any indemnitee for their own negligence,and Contractor's obligation to indemnify and defend others shall e only to the extent of loss caused by the negligent or intentional acts or omissions of Contractor or its subcontractdrs and only to the extent of Contractor's or its subcontractors'proportionate share of fault or liability for any loss. 9. Ownership of Documents. All documents(including electronic files)and materials obtained during, purchased of prepared in the performance of the Services shall remain the property of Golden Eagle and are to be delivered to Golden Eagle before final payment is made to Contractor or upon earlier termination of this Agreement. Further,Contractor shall execute any bill of sale or other documents required by Golden Eagle to transfer title of the Equipment tb Golden Eagle.Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,od(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. GOLDEN EAGLE: Attention:Jill Klosterman 500 Broadway Post Office Box 850 Eagle,CO 811631 Telephone:970-328-8773 Facsimile:970-328-8787 E-mail:jill.lklosterman @eaglecounty.us { • With a copy to: Eagle County Attorney 500 Broadway Post Office$ox 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-mail: atty@eaglecounty.us CONTRACTOR: Encore Electric,Inc. Attn: R.J.Mk—Service Manager 4 Golden Eagle Procurement and Installation Final 5/14 • 77 Metcalf Road Avon,CO 81620 Telephone:970-949-9277 Facsimile:970-949-9280 11. Termination. Golden Eagle 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 Golden Eagle with all documents as defined in paragraph 9 hereof,in such format as Golden Eagle shall direct and shall return all Golden Eagle owned materials and documents.Golden Eagle shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts;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.24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Equipment,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 of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given Golden Eagle written notice of all conflicts,errors,or discrepancies observed by and known to Contractor as of the date of execution of this Agreement. e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that Golden Eagle has accepted or approved the Equipment and/or 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 industry 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. 5 Golden Eagle Procurement and Installation Final 5/14 • • f. Contractor hereby represents and warrants that the Equipment provided by Contractor will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or Workmanship for a period of one(1)year from the date the Work is accepted by Golden Eagle,or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. j All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of Golden Eagle. If any manufacturer or supplier of any Equipment furnishes a[guarantee or warrantee for a period longer than one(1)year,then Contractor's guarantee or warrantee shall extend for a like period as to such Equipment,excluding labor costs after the Contractor's one(1)year guarantee or warrantee period. h. Contractor warrants that title to all Work and Equipment shall pass to Golden Eagle either by incorporation into the Property or upon receipt by Contractor of payment from Golden Eagle(whichever occurs first)free and clear of all liens,claims,security interests or encumbrances. Contractor further warrants that Contractor(0r any other person performing Work)purchased all Equipment free and clear of all liens,claims, security interests or encumbrances.Notwithstanding the foregoing,Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and Golden Eagle has inspected and approved the same. i. Within a reasonable time after receipt of written notice,Contractor shall correct at its own expense,without cost to Golden Eagle,and without reasonable interruption to Golden Eagle: Any defects in Equipment or workmanship which existed during construction of Project or during the period of any guarantee or warranty provided in this Agreement;and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects, Guarantees and warranties shall not be construed to modify or limit any rights or actions Golden Eagle may otherwise have against Contractor in law or in equity. k. 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. 1. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of Golden Eagle. 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 Golden Eagle and Contractor except that of independent contractor.Contractor shall have no authority to bind Golden Eagle. m. 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. n. 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. o. Contractor shall not assign any portion of this Agreement without the prior written consent of the Golden Eagle. Any attempt to assign this Agreement without such consent shall be void. 6 Golden Eagle Procurement and Installation Final 5114 • • p. 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. q. 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. r. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. s. The signatories to this Agreement aver to their knowledge,no employee of Golden Eagle has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. t. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Contracts. a. 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 Contractor has any employees or subcontractors,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 certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the contract for services. b. If Contractor obtains actual knowledge that a subcontractor performing work under the contract for services knowingly employs or contracts with an undocumented individual,Contractor shall be required to: i. Notify the subcontractor and Golden Eagle 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(3)days of receiving the notice required pursuant to subparagraph (i) of the paragraph 14(b) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. c. If Contractor violates these prohibitions,Golden Eagle 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 Golden Eagle. 7 Golden Eagle Procurement and Installation Final 5/14 d. Golden Eagle may notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and Golden Eagle terminates the Agreement for such breach. [Rest of page intentionally left blank] 8 Golden Eagle Procurement and Installation Final 5/14 • 0 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. GOLDEN EAGLE ELDERLY HOUSING CORPORATION By: Jill Klo.. °r ian,Secretary ENC ti' .EECCTRIC,is . By: . _ .J �� Print Name: Qe..N-e_ ("IA t re t, Title:,Vi re C vt' esQ C itiknraAtz Mov y. iiit...g, 9 Golden Eagle Procurement and Installation Final 5/14 • • EXHIBIT A SCOPE OF SERVICES,EQUIPMENT,SCHEDULE,FEES • 10 Golden Eagle Procurement and Installation Final 5114 • • 77 lf la ENCORE electric Avon,Metca 8Ro 0 ad Phone: 970-949-9277 Fax: 970-949-9280 February 27,2015 Bill Wright Eagle County Housing PO Box 850 Eagle, CO 81632 Subject: Golden Eagle Apartment—Exterior Lighting Reference: RJ150330 Location: Eagle, CO Dear Bill, Our price to provide and install the electrical requirements at the Golden Eagle Apartments is shown on the following page.Please reference the attached Scope of Work and Qualification letter. If you have any questions or require additional information,please do not hesitate to call. Sincerely, Encore Electric,Inc. R.J.Vik Service Manager • Scope of Work ' Power Relocate/New Lighting 1. Mobilize,shut down and lock-off power to unit 2. Remove existing receptacle and wiring at new door location 3. Provide and install new junction box to extend circuit 4. Re-install existing receptacle at new location 5, end receptacle circuit to new single-pole switch 6. Tr stall one(1)owner-supplied fixture at exterior 7. Re-energize all electrical,test and check 8. Provide and install necessary conduit,wire and electrical connections Not to Exceed 8775 per Unit Qualifications, Inclusions&Exclusions ual ications 1. P oposal based on using NM cable as allowed by code 2. Proposal based on relocating one(1)receptacle and installing one(1)light and switch only 3. Proposal excludes relocating any other electrical hidden in existing walls 4. Sbeetrock cutting will be required 5. Proposal based on existing circuit having adequate power and in good working condition 6. Work to be performed during normal working hours General Inclusions 1. Applicable state and local tax 2. Shutdown coordination with Eagle County and Golden Eagle staff General Exclusions 1. Eectrical engineering 2. Electrical permit 3. Pitching or painting finished surfaces • 4. Cede updating of existing building Payment due within 30 days of completion Quote-RJ150330 Due tp recent, and out of the ordinary,price increases in steel and copper,our pricing is subject to review prior to final contract agreement Pleas*sign and return a copy of this proposal if you accept our price,terms,and conditions.Fax#970-949-9280, email:ri.vikeencoreelectric.cam Accepted by: Title: lENCORE electric • • • Date: P.O.# ErcCOREeketric Lr,L.H.Qurll rUILa i rixLUre, iz VV' ILL) V OIL, tSldcx I riu Supply rage a vi. 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[Assembled Dimensions I LED Nautical Bulkhead Oval Wall Fixture,6 Product Features I_ Watt,120 Volt, 1 �.' i„f> CE - ., y Brand HD Supply Biadc I:: ".�.:,,.`,n -M,, I _ _ _._. _—______ ------_________ -- .—_—_J Part#326756 =1 i) l e j''t - 1 TAABAA Yes I '.-1.7.-E---%.,7-1..'4,-...°.4;,-.+.4. y.= FOB —I No _-- LED Cube Porch•Certification&Standards I - Lantern,6 Watt' 120 Volt,Black, tl''' 0 i Clear Glass I Part#326754 GSA Approved I Na itLED Jelly Jar Porch Fixture,12 Watt,120 Volt, Black,Clear Glass Part#326788 httn://h dsunnlvsn lilt i ons.comJshon/n/led-acorn-porch-fixture--12-watt--120-volt--black-p3... 5/14/2015 • • EXHIBIT B INSURANCE CERTIFICATES } 11 Golden Eagle Procurement and Installation Final 5/14 ACatJ RO ® • DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 3/1/2016 7/2/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER._ , ' ' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS 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). .. _: , P CONTACT PRODUCER Lockton Companies NAME: 8110 E Union Avenue INC.No.E:di: I is,No): Suite 700 EMAIL. , Denver CO 80237 aooRESS: (303)414-6000 INSURER(S)AFFORDING COVERAGE NAIC I INSURER'A:Zurich American Insurance Company 16535 INSURED Encore Electric Inc. INSURER e:National Union Fire Ins Co Pittsburgh PA 19445 1070842 2107 W.College Ave. INSURER C: Englewood,CO 80110 INSURER D INSURER E: INSURER F: COVERAGES ENCELOI CERTIFICATE NUMBER: 13561911 -REVISION NUMBER: XXXXXXX 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD_ POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y N GL0017202401 3/1/2015 3/1/2016 EACH.OCCURRENCE $ 1,000,000 DAGETO RED CLAIMS-MADE X OCCUR PRE M PREMISES(Ea currence) 5 100,000. MED EXP.(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEC LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y N BAP017202101 3/1/2015 3/1/2016 CEa OMaccdenBINED t)s SINGLE LIMIT $ ( 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ) 30{XX ALL OWNED. SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS AUTOS' X' PROPERTY DAMAGE $ XXXXXXX X HIRED AUTOS NON-0WNED` (Per _ $ XXXXXXX B X UMBRELLA UAB X OCCUR N N BE058404959 3/1/2015 3/1/2016 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 DED I X I RETENTIONS 10,000 $ XXXXXXX WORKERS COMPENSATION PER A AND EMPLOYERS'LIABILITY N WC017202301 3/1/2015 3/1/2016 X'.I STATUTE I I ERH ANY PROPRIETOR/PARTNERIEXECUTNE Y/N N/A E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N I (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ L000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1-000-000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space is required) RE:Golden Eagle Elderly Housing Corporation/Agreement for On-Call electrical services to be provided,at 700.Broadway St,Eagle,CO 81631. Golden Eagle Elderly Housing Corporation,its associated or affiliated entities,its successors and assigns.elected officials,employees,agents and volunteers are included as additional insureds as respects general liability and automobile liability as required by written contract. CERTIFICATE HOLDER CANCELLATION See Attachments 13561911- Golden Eagle Elderly Housing Corporation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Jill Klosterman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500 Broadway ACCORDANCE WITH THE POLICY PROVISIONS. Post Office Box 850 AUTHORIZED REPRES A I arks Eagle CO 81631 g.. ©1988 014 ACORD CORPO TION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • • .,411 6, i, Additior>}al Insured -Automatic -Owners, Lessees Zurich Or Contactors' , Policy-No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. Add'I Prem Return Prem GL0017202401 03/01/2015 03/01/2016 03/01/2015 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Named Insured: Encore Electric,inc. Address(Including ZIP Code): 2107W.College Avenue Englewood,CO 80110 This endorsement modifies insurance provided under the: Commerci I General Liability Coverage Part A. Se tion II Who is An Insured is amended to include as an insured any person or organization who you are re uired to add as an additional insured on this policy under a written contract or written agreement. Such pe son or organization is an additional insured only with respect to liability for"bodily injury","property da age"or"personal and advertising injury"caused,in whole or in part,by: 1. Your acts or omissions; or 2. ' The acts or omissions of those acting on your behalf, in ithe performance of your ongoing operations or "your work" as included in the"products- connpleted operations hazard",which is the subject of the written contract or written agreement. Hdwever,the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. Wf h respect to the insurance afforded to these additional insureds, the following additional exclusion applies This insurance does not apply to: "Bbdily injury","property damage"or"personal and advertising injury"arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services Indidding: a. The preparing, approving or failing to prepare or approve maps,shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; or b. I Supervisory, inspection, architectural or engineering activities. ■ This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW(04/13) Page l of 2 Miscellaneous A achment:M498372 Master ID: 107042;Certificate ID: 13561911 • C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV-Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract of written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV-Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and noncontributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Miscellaneous Attachment:M498372 Master ID: 1070842,Certificate ID: 13561911 • • Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. Add!Prem Return Prem GLO017202401 003/01/2015 03/01/2016 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery From others,we agree to waive'our rights of recovery.This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. UGL-925-B CW(12/01) Page 1 of 1 Miscellaneous Attachment:M498373 Master ID: 10701842,Certificate ID: 13561911 �, • • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the light to recover our payments from anyone,liable for an injury,covered by this policy. We will not enforce our right against the person or 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 All persons and/or organizations that are required by written contract or agreement with the insured,executed prior to the accident or loss,that waiver of subrogation be provided under this policy for work performed by you for that person and/or organization. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/01/2015 Policy No. WC017202301 Endorsement No. insured Encore Electric,Inc. Premium$ Insurance Company WC 00 03 13(04 84) Miscellaneous Attachment:M498375 Master ID: 1070842,Certificate ID: 13561911 r • • f w POLICY NUMBER: BAP017202101 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This enddrsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This enddrsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Encore Electric, Inc. Endorsement Effective Date: 03/01/2015-03/01/2016 SCHEDULE Name(s) f Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. Informatidn required to complete this Schedule, if not shown above, will be shown in the Declaratigns. The Tranisfer Of Rights of Recovery Against Others To Us C ndition does not apply to the person(s) or organize on(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident!' or the"loss" under a contract with that person or organization. CA 04 44 0310 Insurance Services Office, Inc., 2009 Page 1 of 1 Miscellaneous Attachment:M498377 Master ID: 1070842,Certificate ID: 13561911 rp; S • POLICY NUMBER: BAP 0172021-001 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form. SCHEDULE Named Insured: Encore Electric, Inc. Endorsement Effective Date: 03/01/2015-03/01/2016 Name of Person(s)or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional status on a primary,non-contributory basis,in a written contract or written agreement executed prior to loss,except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an"insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc.,2011 Page 1 of 1 Miscellaneous Attachment:M505923 Master ID: 1070842,Certificate ID: 13561911