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HomeMy WebLinkAboutLC16-002 Elam Construction dba Grand Junction Pipe and Supply Design OfficeAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN LADE CREEK VILLAGE LLC AND ELAM CONSTRUCTION, INC, DBA GRAND JUNCTION PIPE AND SUPPLY DESIGN OFFICE THIS AGREEMENT ( "Agreement ") is effective as of the 5th day of February , 2016 by and between Elam Construction Inc. a Colorado corporation dlbla Grand Junction Pipe and Supply Design Office (hereinafter "Consultant" or "Contractor") and Lake Creek Village LLC, a Colorado limited liability company (hereinafter "LCV "). RECITALS WHEREAS, LCV desires to retain Consultant to provide irrigation design services and to prepare plans to branch off of the current system with the assistance of Premier Landscapes for the landscape redesign RIP and project in 2016 (the "Project ") at 4923 Lake Creek Village Drive, Edwards, CO 81632 (the "Property "); and WHEREAS, Consultant 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 1 hereof, and WHEREAS, this Agreement shall govern the relationship between Consultant and LCV in connection with the services. NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and LCV agree as follows: i . Services. Consultant agrees to diligently provide all services, labor., personnel and materials necessary to perform and complete the services described in Exhibit A ( "Services ") 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. Consultant agrees to furnish the Services no later than February 29, 2016 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant 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. P VS AS TO FORM By: 6,92,-County Attorney's Office M LC16 -002 Eagle County Commissioners' Office C. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. LCV's Reprggentative. The Maintenance Supervisor, William Wright, the Housing Department's designee shall be Consultant's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 2SP day of February, 2016. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by LCV for such additional services in accordance with LCV'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 LCV 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 LCV for such additional services is not timely executed and issued in strict accordance with this Agreement, ConsuItant'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. LCV shall compensate Consultant 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 $2,800.00. Consultant 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 LCV. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as LCV may request. b. Any out -of- pocket expenses to be incurred by Consultant and reimbursed by LCV shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark -up thereon and are included in the not to exceed contract amount set forth above. Out -of- pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by LCV. C. If, at any time during the term or after termination or expiration of this Agreement, LCV reasonably determines that any payment made by LCV to Consultant 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 LCV, Consultant shall forthwith return such 2 LCV Professional services Final 5114 payment(s) to LCV. Upon termination or expiration of this Agreement, unexpended funds advanced by LCV, if any, shall forthwith be returned to LCV. d. LCV will not withhold any taxes from monies paid to the Consultant hereunder and Consultant 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. Sub - consultants. Consultant acknowledges, that LCV has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub - consultant agreements for the performance of any of the Services or additional services without LCV's prior written consent, which may be withheld in LCV's sole discretion. LCV 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 LCV has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub - consultant, as approved by LCV and to the extent of the Services to be performed by the sub - consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward LCV. LCV shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub - consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub - consultants or sub - contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant'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 bylaw. ii. Auto coverage with limits of liability not less than $1,040,000 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 $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to LCV, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims -made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. 3 LCV Professional Services Final 5114 i. The automobile and commercial general liability coverage shall be endorsed to include LCV, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant's certificates of insurance shall include sub - consultants as additional insureds under its policies or Consultant shall furnish to LCV separate certificates and endorsements for each sub - consultant. All coverage(s) for sub - consultants shall be subject to the same minimum requirements identified above. Consultant and sub - consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub - consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an "A.M. Best" rating of not less than A -VII. iv. Consultant's, insurance coverage shall be primary and non - contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against LCV. V. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to LCV in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant's certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a I request from LCV, and hereby authorizes Consultant's broker, without further notice or authorization by Consultant, to immediately comply with any written request of LCV for a complete copy of the policy. viii. Consultant shall advise LCV in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish LCV a new certificate of insurance showing such coverage. ix. if Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to LCV, LCV shall be entitled to immediately terminate this Agreement. X. The insurance provisions of this Agreement shall survive expiration or termination hereof. 4 LCV Professional Services Final 5114 xi. The parties hereto understand and agree that LCV 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 LCV, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers' compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless LCV, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which LCV may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub - consultants hereunder; and Consultant shall reimburse LCV for reasonable attorney fees and costs, legal and other expenses incurred by LCV 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 LCV to the extent that LCV is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. OwnersMi) of Documents. All documents prepared by Consultant in connection with the Services shall become property of LCV. Consultant shall execute written assignments to LCV of all rights (including common law, statutory, and other rights, including copyrights) to the same as LCV shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). These items will be provided in PDF format or other format as requested by LCV. All documents shall be delivered to LCV before final payment is made to Consultant, or upon earlier termination of this Agreement. However, LCV shall not be deemed the owner of said documents until payment has been made to Consultant for the Services performed. LCV acknowledges that use of the documents prepared under this Agreement should be used for the project for which they were prepared only. Consultant may use ideas and drawings prepared during the performance of Services for other projects, as appropriate. LCV acknowledges that reuse or modification of any such documents by LCV, without Consultant's written permission, shall be at LCV's sole risk and without liability to Consultant. 10. ' Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the 5 LCV Professional Services Final 5114 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. LCV: Attention: Jill Klosterman 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970 - 328 -8773 Facsimile: 970 -328 -8787 E -mail: jill.klosterman @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: atty @eaglecounty.us CONSULTANT: Elam Construction Inc. d/b /a Grand Junction Pipe and Supply Design Office 2868 I -70 Business Loop Grand Junction, CO 81501 Mailing Address: 556 Struthers Ave, Grand Junction, CO 81501 Telephone: 970 -243 -4604 Facsimile: 970-241-6622 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by LCV to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide LCV with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from LCV. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 6 LCV Professional Services Final 5/14 12. T�natio_n. LCV 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 Consultant. Upon termination of this Agreement, Consultant shall immediately provide LCV with all documents as defined in paragraph 9 hereof, in such format as LCV shall direct and shall return all LCV owned materials and documents. LCV shall pay Consultant for Services satisfactorily performed to the date of termination. 13. 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. 14. 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. 15. Qther Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in- performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that LCV has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant 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 Consultant as an independent contractor and not as an employee of LCV. 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 LCV and Consultant except that of independent contractor. Consultant shall have no authority to bind LCV. 7 LCV Professional Services Final 5114 d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. 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. f. Consultant shall not assign any portion of this Agreement without the prior written consent of LCV. Any attempt to assign this Agreement without such consent shall be void. g. 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. h. 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. i. The invalidity, illegality or unenforceability. of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to LCV. Consultant shall be subject to financial audit by federal, state or LCV auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours' notice to Consultant. Consultant shall fully cooperate during such audit or Inspections. k. The signatories to this Agreement aver to their knowledge, no employee of LCV has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement, The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. I. The Consultant, 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. 16. Prohibitions on Contracts. a. As used in this Section 16, 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 Consultant has any employees or subcontractors, Consultant shall not: 8 LCV Frofessional Services Erma] 5/14 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 Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the contract for services. b. If Consultant obtains actual knowledge that a subcontractor performing work under the contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: L Notify the subcontractor and LCV within three (3) .days that Consultant 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 Consultant 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 Consultant violates these prohibitions, LCV may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to LCV. d. LCV may notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and LCV terminates the Agreement for such breach. [Rest of page intentionally left blank] 9 LCV Professional Services Final 5114 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Lake Creek Village LLC By and through Eagle County Housing and Development Authority, its sole member By: �_ Jill Klo rman, Executive Director ELAM CONSTRUCTION, INC. DBA GRAND JUNCTION PIPE AND SUPPLY CO.: john.st@yhieesummIt- materia[scom By: _ • , Print Name: John Steuble Title: Design Manager 10 LCV Professional Services Final 5114 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 11 LCV Professional Services Final 5114 Grand Junction Pipe & Supply Design Office 2868 1 -70 Business Loop Grand Junction, CO 81501 Mailing Address 556 Struthers Ave Grand Junction, CO 81501 Phone: 970 -243 -4604 Fax: 970 - 241 -6622 LAKE CREEK VILLAGE Design Proposal To: Proposed Client William Wright, N.O.A. President Lake Creek Village, LLC 4923 Lake Creek Village Drive, Unit 10 -101 Edwards, CO 81632 970926 -4550 WiIliam.Wright @eaglecounty.us 1.0 ' Project Background & Objectives 2.0 Project Schedule & Design Process 3.0 Project Budget & Cost Projections 4.0 Grand Junction Pipe Background & Capabilities 5.0 Project References 6.0 Terms and Conditions DESIGN MUM 11 -16 -2015 A Page 1 of 7 Grand Junction Pipe & Supply Design Office 28681 -70 Business Loop Grand Junction, CO 81501 Mailing Address 556 Struthers Ave Grand Junction, CO 81501 Phone: 970- 243 -4604 Fax: 970 -241 -6622 1.0 Project Background & Objectives DESIGN Design irrigation system for Lake Creek Village. Preparation of plans to include layout of the new system within the project limits. Plans will show the point of connection location, point of connection components, sprinkler head types and locations, drip system components, valve locations, controller location, pipe locations, pipe sizes and pipe sleeves. Standard irrigation details, notes and specifications will be provided. Proposed Features: Sprinklers Drip Components Controller Master valve Zone Valves All questions to be directed to John Steuble or Project Irrigation Designer. Contact information listed below. 11 -16-2015 Page 2 of 7 Grand Junction Pipe & Supply Design Office 28681 -70 Business Loop Grand Junction, CO 81501 Mailing Address 556 Struthers Ave Grand Junction, CO 81501 Phone: 970- 243 -4604 Fax: 970 - 241-6622 2.0 Project Schedule & Design Process Award of design contract Design Agreement signed and returned to Grand Junction Pipe & Supply Co. AutoCAD base drawings received from Client Onsite walk -thru and pre design planning 80% design submittal for Client review Review comments received from Client 100% design submittal for bid Response to bid RFI and Addendums as needed Respond to construction RFI as needed Onsite walkthrough and inspection Punch list submittal Construction notes received from installation contractor 80% as -build submittal for installation contractor review 100% as -build submittal DES16N .N TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 11 -16 72015 Page 3 of 7 Grand Junction Pipe & Supply Design Office 2868 1 -70 Business Loop Grand Junction, CO 81501 Mailing Address 556 Struthers Ave Grand Junction, CO 81501 Phone: 970- 243 -4604 Fax: 970- 241 -6622 3.0 Project Budget & Cost Projections Onsite walk -thru and pre design planning Drive Time 80% design submittal for client review 100% design submittal Response to bid RFI and Addendums Respond to construction RFI Onsite walkthrough and inspection Drive Time Punch list submittal 80% as -build submittal for contractor review 100% as -build submittal Totals DESIGN 4 H r $240 1 Hr Waived 12 Hr $960 10 Hr $800 1 Hr $80 1 Hr $160 . 2 Hr $160 1 Hr Waived 1 Hr $80 2 Hr $160 2 Hr $160 37 Hr $2800 11 -16 -2015 Page 4 of 7 Grand Junction Pipe & Supply Design Office 28681 -70 Business Loop Grand Junction, CO 81501 Mailing Address LP 556 Struthers Ave k Grand Junction, CO 81501 Phone: 970 - 243 -4604 Fax: 970 - 241 -6622 DESIGN 4.0 Grand .function Pipe Background & Capabilities Grand Junction Pipe & Supply has provided irrigation design services for more than 25 years. The design office has a staff: of five professionals with more than 70 years combined experience. Project Personnel: (may be adjusted based on project) Project Personnel: John Steuble, CID, CLIA Design Manager 970 - 244 -8179 iohnsftipipe.com Certified Irrigation Designer Residential, Commercial, Golf Surface Ag, Sprinkler Ag Certified Landscape Irrigation Auditor EPA Water Sense Partner Janet Coker Design, Sales Janet. oc ke0cgipine.com Irrigation Designer Residential, Commercial Belinda Votruba Design, Sales . belinda.votruba ftioii2e.com Irrigation Designer Residential, Commercial Certificate of insurance Upon Request 11 -16 -2015 Page 5 of 7 Grand Junction Pipe & Supply Design Office 28681 -70 Business Loop Grand Junction, CO 81501 Mailing Address 556 Struthers Ave Grand Junction, CO 81501 Phone: 970 -243 -4604 Fax: 970 -241 -6622 5.0 Project References: Reed Park 406 E McCune Ave Fruita, CO. 81521 City of Fruita Art Shires (970) 858 -0360 ashires @fruita.oru Frulta Monument High School - Baseball Field 1102 Wildcat Ave Fruita, CO. 81521 Mesa County District 51 Don Bellgardt (970) 201 -4789 Red Sandstone Park Vail, CO 81657 Town of Vail Gregg Barrie (970) 479 -2337 abarrie vailaov.com !iES16N Grand Co. Middle School Practice Field 439S 100E Moab, UT. 84532 Frank Melo (435) 220 -0018 Serenity Park and Ballard City Park Uintah Recreation District Neil Cathey; Parks Superintendent 610 South Vernal Avenue Vernal, UT 84078 (435) 828 -8092 neilc @uintahrecreationorg Carron County Senior Center 450 South Fairgrounds Way Price, UT Donn Kienholtz, Maintenance Supervisor (435) 637.9262 11 -16 -2015 Page 6 of 7 Grand Junction Pipe & Supply Design Office 2868 1 -70 Business Loop Grand Junction, CO 81501 Mailing Address 556 Struthers Ave Grand Junction, CO 81501 Phone: 970 - 243 -4604 Fax: 970 - 241 -6622 6.0 Terms and Conditions DESI GN Upon award of design contract Client must enter into agreement with Grand Junction Pipe and Supply as stated in Grand Junction Pipe's Standard Design Agreement, Rate sheet and Work Authorization. full payment to be executed prior to 100% design release. 11 -16 -2015 Page 7 of 7 EXHIBIT B INSURANCE CERTIFICATE lz I.CV Professional Services Find 5114 A� �� CERTIFICATE OF LIABILITY INSURANCE 1)OV14 iiilt}DIYYYYi o1n4r291s THIS CERTIFICATE 13 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 policy(les) 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 Ileu of such endorsement (s). PRODUCER Marsh USA, Inc. 1166 Avenue of the Americas New York, NY 10036 A PHONE Co IYIAIL Attn: NewYork.Certs@marsh.t:om Fan: 212- 948-0506 lksuR s AFFORDING COVERAGE NAlc;r INSURER A. ACE American Instranca Company 22667 5086211—CasPo-1546 INSURED Barn Construction. Inc. Grand Jurlciion Pipe 556 Struthers Avenue INSURER a. I clemrdty Insurance Company of North America 43575 INSURER c : WA NIA INSURER D : Catlin Specialty Insurance Company 15989 Grand Junction, CO 81501 INSURER E! PERSONAL& ADV INJURY INSURER F: GENLAGGREGATE LIMIT APPLIES PM X POLICY � JECT D LOC OTHER GENERALAOGRE13ATE r�nVCQer -cc rFRTIFIrATF NtIrARFR- NYC- ODS407341 -01 REVISION NUMBER:5 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 LTR TYPE OFIkSUWINCE POLICY NUMBER POLICY EFF D POLICY 114 pj= LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS-MADE a OCCUR HDO627392428 03131/2015 03/3112016 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTEff-_ EMM15VA fEa ocuroncril $ 1,000,000 MEO EXP (Any one anon S 10,000 PERSONAL& ADV INJURY S 2,000,000 GENLAGGREGATE LIMIT APPLIES PM X POLICY � JECT D LOC OTHER GENERALAOGRE13ATE $ 4,000,000 PRODUCTS- COMPIOPAGG S 4,OOOA00 DEDUCTIBLE S 500,000 A AUTOM0131LE LIABILITY ALL O5 OWNED SSCCTOHEDULED Ix NY A AUTO X NON.WNED HIREDAUTOS AUTOS ISA MM038 0313112015 (IM1016 CI MSMINGFE S 5,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per ocddent) $ R OPERTYDAMAGE JPgrecdclenil $ SIR $ 500,000 UMBRELLALIAH EXCESS LIAE _ OCCUR CLAIM &MADE EACH OCCURRENCE S AGGREGATE $ DED I RETENTION $ B A WORKERS COMPENSATION AND EMPLOYLRS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN N OFFICERMEMBEREXCLUDED? ® IMandatary InNH) IfyyoBsS descrlbcunder DESCRIPTION OF PERATIONSbarow NIA WLR C48148438 (AOS) 048148833 (AZ) 0313112015 O3r3112O15 03131!2016 0313112016 X E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEq S 1,000,000 E.L.visEASE- PoucyumrT s 1,000,000 D ProfesSionallPollution CPL2076820316 03/3112015 0313112016 Each LOWAggregate 200,0D0 DESCRIPTION OF OPERATIONS l LOCATIONS l VEHICLES (ACORD 101, Addntanal Remarks Schedula, may 6s atudtad N more spite* is mqulrod) Lake Creak Vllage, Its associated or of led entities, fns successors and asslmis, elected allidals, employees, agents and volunteers are Included as addlional Insured (excapi workers' ccmtpansallDn and profassfonallpollution) where rorldned bywlltten contract. This Insurance is primary and non- carlirt dory over any wdslfrg Insurance and Umked to kaldtfy arising out of Iha operalbns of the named Insured and where m ulred by written contract. Waiver of Subrogalion Is applicable where required by wrklan ccntrad Lake Creek Wage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 4923 Lake Creek VillageDdve THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN Edwards, CO 61632 1 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPREKKATIVE of Marsh USA Irm. EXHf BIT Rudy Mlifort 0 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 {204M01} are registered marks of ACORD ADDITIONAL, INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endomement Number Summit Matedals, Inc. 1 Pagcy Symbol PdEcy Number PdW Padad Elfaative pate of Endorsement ISA H08854038 I {}3/31/2015 to 03/31/2016 Issu y (Name of Insurance company) ACE American insurance Company Insert the poky number. The remainder orthe tnrormaWn Is to be campided only when this anaamement Is issued subsequent to the preparation at the pauey. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modffies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS. BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM Additional insured(s): Any Person or o n ati n w u v a d n ud as an a a insu red under a written contract, provided such _contract was executed orior to the date of loss. A. For a covered "auto," Who Is Insured Is amended to Include as an "Insured; the persons or organizations named In this endorsement. However, those persons or organizations are an "insured' only for 'bodily Injury' or "property damage" resulting from acts or omissions of. 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees* or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA 9U74b (138194) Page 9 of 1 NOTICE TO OTHERS ENDORSEMENT -- SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Summit Materials, Inc. Endorsement Number a policy Symbol Po#ny Number Palky Period Effettiva Bate of Endorsement ISA 1HO8864038 03131120'i5 To 0313112016 issued Ey {Name of Insurance Company) ACE American Insurance Company Insert lire policy number. The ramelmfer of the Information is to be oompleted only when this endorsement is }srued subsequent to the pro arallon afthspotlay. THIS EN©ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than 'nonpayment of premium, we will endeavor, as set out In this endorsement, to send written notice &.cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by ialloWing your representative to send such notice to such persons or organizations. This notice will be In addition to our notice to you or the first Named insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is Intended only to be a courtesy notificatlon to the person(s) or :organi�zation,(s) named In the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance noti7cation of cancellation to the person(s) or organization(s) shown in the Schedule will Impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any .information in any Schedule, nor are we .responsible for any Incorrect Information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation .date applicable to the Policy, You will cooperate with us in providing the Schedule, or In causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and condltlons of this Policy remain unchanged. Authorized Representative ALL -32886 (01111) page 7 of 1 POLICY NUMBER: HDO G27392428 Endorsement Number. 1 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s); Any person or organization whom you have agreed to include as an additional Insured under a written contract, provided such contract was executed prior to the date of loss, provided such person or organization is not otherwise classified as a Lessor of Leased Equipment, Owner, Lessee or Contractor, Manager or Lessor of Premises leased by You, Vendor, or Engineer, Architect or Surveyor. A. Section II — Who Is An Insured is amended to Include as an additional insured the person(s) or arganlzatlon(s) shown in the Schedule, but only with respect to Ilabifity for "bod1ly Injury". "property damage" or "personal and advertising injury " caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However; 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. if coverage provided to the additional Insured Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. S. With respect to the Insurance afforded to these additional insureds, the following is added to Section III -- Limits Of insurance: If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever Is less. This endorsement shelf not Increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 0 Insurance Servfuies Office, Inc., 2012 Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSUREDS REPRESENTATIVE Named Insured Summit Materials, Inc. Endmement Number 5 Policy Symbol PO4cy Number Palley Period Effbdto Date of Endorsement HbO 627392428 03/3112015 To 03131/2016 Issued By (Name of Insurano Owwany) ACE American Insurance Company Inud the polcy number. The reminder of the information to to be crmtpleied only when this endon ement Is Inued subsequent to the prepamft of the poscy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written .notice of cancellation, to the persons or organizations listed In the schedule that you or your representative create or maintain (the 66cheoulel by allowing your representative to send such notice to such persons or organizations. This notice will be In addidon to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. 8. The notice referenced in this endorsement as provided by your representative is. intended only to be a courtesy notification to the person(s) or organizations) named in the Schedule .In. the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such .person(s) or orggrilzation(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown In the Schedule will impose no obligation or liability of any kind, upon us, our agents or representatives, will not ezterid ahy Policy Cencel.Won date and will not negate any canoeiliation of the Policy. C. We are not responsible for verifying any Information In any Schedule, nor are we responsible -for any incorrect information that you or your representative may use. D. We will 'only be responsible for sending such notice to your representative, and your representative will In turn send the notice to the persons or orgarizatioris'listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy.'You will cooperate with us in providing the Schedule, or In causing your representative to provide the Schedule. E. This endorsement does not apply In the event that you cancel the Polley. All other terms and conditions of this Policy remain unchanged. Authorized Representative i ALL- -32686 (01/11) 1 Page 1 of 1 Workers' Compensation and Employers' Liability Pollcv SUMMIT Endorsement Number MATERIALS, INC. 1550 WYNKOOP STREET 'CO Pollcy Number DENVER 80202 S mbokWLR Number.C48148438 Policy Period Effective Date of Endorsement 03-31 -2015 TO 63-31 -2016 03-31 -2015 Issued By (Name of Insurance Company) INDEMNITY INS. CO OF NORTH AMERICA Insertthe ol" number. The remainder of the Inrormatlon Is to be corn leted only when this endorsementls Issued subsequent to the eratian of the ati NOTICE TO OTHERS ENDORSEMENT— SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. if we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or -orgq izations listed in the schedule that you or your representative create or maintain (the "Schedule') by allowing your representative to send such notice to such persons or organizations. This notice will be In addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and In accordahce with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a ' pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organlzatirsn(s). The failure to provide advance notification of cancellation to the person(s) or orgRnIzation(s) shown in the Schedule will Impose no obligation .or liability of any kind upon us, our agents or representatives, will not extend any policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any Information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will In turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E, This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy rernain unchanged. Authorized Representative WC 99 03 69 (01 /11) Page 1 of 1