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HomeMy WebLinkAboutC11-355 Cummins Rocky Mountain LLC63099z5' qN rags- AGREEMENT BETWEEN EAGLE COUNTY AND CUMMINS ROCKY MOUNTAIN, LLC i THIS AGREEMENT is made this I(0 day of November, 2011, by and between Eagle County ( "County"), and, Cummins Rocky Mountain, LLC ( "Contractor "), a limited liability company with a principal place of business at 390 Interlocken Cresent, Ste 200, Broomfield, Colorado, 80021. WHEREAS, County desires to contract for scheduled service preventive maintenance for the emergency generator at the El Jebel Community Center ( "Facility"). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said product and/or services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 WORK 1.1 Contractor agrees to provide all services, labor, personnel and materials to perform and complete the services set forth in Exhibit A (hereinafter "Services" or "Work ") which is attached hereto and incorporated by this reference. Contractor and will use its expertise, skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit A, this Agreement shall control. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Facilities Management Department designee shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Services have been fully performed in accordance with the terms of this Agreement, or until otherwise terminated pursuant to Article 11. The Major (Full Service) Service (as defined by Exhibit A) will be completed within thirty (30) days of the date this Agreement is executed by both parties and the subsequent Minor (Inspection) Service will be scheduled and completed approximately six (6) months from the date of the first inspection. ARTICLE 4 — COMPENSATION 4.1 For the Services to be provided hereunder, County will pay Contractor the amounts provided in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed four hundred ninety seven dollars ($497.00) for the Minor (Inspection) Service and six hundred fifty seven dollars ($657.00) for the Major (Full Service) Service without a signed amendment to the Agreement. 4.2 Payment will be made for Services satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 1 4.3 County 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. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 5 CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder, the Facility, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to power generation system companies. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 2 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2011 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Provision Mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract 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 Contract. 7.4.2 Contractor shall not: i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 7.4.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract 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.gov /xprevprot/programs /gc 1185221678150.shtm 7.4.4 The Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 7.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; 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 illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 7.4.6 The 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- 17.5- 102(5). 3 7.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 7.5 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.6 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub - consultant agreements for the performance of any of the Services or without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor shall require each sub - consultant, as approved by County and to the extent of the Services to be performed by the sub - consultant, 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 County. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees 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 Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for any and all legal and other expenses including attorney fees incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Contractor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 4 10.1 All documents (including electronic files) and materials which are obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 11 - TERMINATION: 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. ARTICLE 12 — NOTICE 12.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County:Eagle County Facilities Management P.O. Box 850 Eagle, Colorado 81631 970) 328 -8881 (p) 970) 328 -3539 (0 and a copy to:Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 970) 328 -8699 (f) The Contractor:Cummins Rocky Mountain LLC 390 Interlocken Cresent Suite 200 Broomfield, Colorado 80021 303) 287 -0201 (p) 303) 288 7080 (f) 12.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither 5 Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and 1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person:1,000,000 Each Accident or Occurrence:1,000,000 Property Damage Liability: Each Accident or Occurrence:1,000,000 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit B. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its County Manager AIIPAV By:t .:., Keith Montag CONTRACTOR: Cummins Rocky Mountain, LLC By. Title: Geher(' (Mangler, Coelrgct rote I/IC.8 CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF t lQ A •• ss. COUNTY OF VV rfi. The foregoing instrument was acknowledged before me by .o19(Q , of M[1\Li On this C''{ day of U.20 My commission expires: Qom 1L1 JOHNSONNotaryPublicROSIN Notary Pablo ot Colorado Rock! Mountain October 20, 2011 Eagle County Attn: Glenn Padgett Subject: Scheduled Service Preventive Maintenance Proposal Enclosed you will find a Planned Maintenance Agreement proposal for your company's emergency generator(s). Preventive maintenance for generator sets and transfer switches plays a critical role in maximizing reliability, minimizing unexpected repairs and reducing long term costs. By following generally recognized generator set and transfer switch maintenance procedures and specific manufacturer recommendations for your application, you'll be assured that your standby or emergency generator set will start and run when normal source power fails or a secondary power source is needed. A systematic and customized planned maintenance program with factory trained technicians is the optimum method to enhance the reliability of your generator set and transfer switches. Periodic inspections, routine maintenance and performance testing are critical components of a comprehensive preventive maintenance program. Cummins Rocky Mountain LLC. is a premier power generation systems and engine distributor committed to delivering fast, comprehensive and proven maintenance solutions to its customers. We can customize a planned maintenance program to meet your specific needs. Please review this agreement and if the terms and pricing.meet your approval, please sign and return the agreement so that we may begin to schedule your events as stated for the term of the agreement. Respectfully, Melissa Guillen Power Gen Sales Cummins Rocky Mountain LLC Cummins Rocky Mountain LLC Service Locations: Phoenix. AZ, Denver, CO. Grand Junction. CO, Boise, ID. 390 Interiocken Crescent Ste 200 Billings. MT, Albuquerque, NM, Farmington. NM, Elko, NV, Nodh Las Vegas, NV, Broomfield, CO 80021 Reno, NV, 8 Paso, TX, Salt Lake City, UT, Gillette, WY, Rock Springs, WY 303 2870201 EXHIBIT www.rockymountaln.oummIna.com ydy- Zb$- 1c 8 c.°`'` Mountain Because of the durability of diesel and gas industrial engines used in generators most maintenance is preventive in nature. Preventive generator set engine maintenance consists of the following operations: o General inspection o Lubrication service o Cooling system service o Fuel system service o Servicing and testing starting batteries o Regular generator set and transfer switch exercise It is generally a good idea to establish and adhere to a schedule of maintenance and service based on the specific power application and severity of the environment. Some factors that can affect the maintenance schedule include: o Using the generator for continuous duty (Prime Power) o Extreme ambient temperatures o Exposure to weather. o Exposure to salt water atmosphere o Exposure to dust, sand or other airborne contaminates Preventive maintenance for diesel and gas engine generators plays a critical role in maximizing reliability, minimizing repairs and reducing long term costs. By following generally recognized engine maintenance procedures and specific manufacturer recommendations for your application you'll be assured that your generator system will start and run when you need it most. Cummins Rocky Mountain LLC Service Locations: Phoenix, AZ, Denver. CO, Grand Junction, CO, Boise, ID, 390 interlocken Crescent Sle 200 Billings, MT, Albuquerque, NM, Farmington, NM, Elko, NV, North Las Vegas, NV. Broomfield, CO 80021 Reno, NV, El Paso, TX, Salt Lake City, UT. Gillette. WY, Rock Springs, WY 303 287 0201 www.rockymountain.cummins.com DESCRIPTION OF SERVICES Minor (Inspection) Service; The primary intent of this service level is to allow the factory certified technician to do a close inspection of the generator set and transfer switch(s). Inspection of individual systems is typically performed, e.g. lube oil level and condition, radiator level and field test of DCA concentration of the coolant charge, load test and specific gravity of the batteries, charge rate of the battery charging system, condition of belts and hoses, condition, operability and performance of the jacket water keepwarm system and protective devices (alarms and shutdowns) are all examples of minor service activity. Included also would be checks and settings of the automatic transfer switch functions, indicator lights function and programmed transition settings. Minor service generally includes; fluid top -off (battery electrolyte, oil and coolant) and replacement of minor items such as indicator lights. These inspections and tests allow for real adjustment of the transfer switch functions and for a close inspection of the generator set performance. Major (Full Service) Service; The primary intent of this service level is to allow the technician to do all items done with the minor service and perform a full service to the generator set engine generally including but not limited to; change oil and oil filters, general lubrication, change based on condition and/or service the air filter(s) elements (dry type elements; oil bath and oil wetted filters have the oil changed) , change the fuel filters and clean the fuel strainers if any, possibly change and/or adjust (if used) the coolant filters for DCA addition on an automatic basis. Spark ignited engine driven generators (natural gas, propane and gasoline fuels) may also include changing some ignition components such as spark plugs. Major service may also include taking oil and coolant samples for lab analysis. Fuel sampling is restricted to diesel fueled generators only and can be performed as an additional service and cost. Load Bank Testing; This item may or not be done with a scheduled service. A load bank is a synthetic load imposed on the via a resistor bank. The load bank and cables necessary to connect to the genset are trailer mounted for towing behind a service vehicle. Load bank testing is done to primarily insure combustion chamber and exhaust system cleanliness and to minimize carbon build up that results from operation under little or infrequent loads. This test is done based on field analysis of the generator set condition or by request, regulatory or other requirement or recommendation. General Items; Depending on the particular installation other items may be included in the service levels; checks and adjustments of day tank operation, checks and adjustments of multiple transfer switches, bypass switches and paralleling switchgear are examples. Service logs and checklists should be consulted to determine site specific items. Replace- ment of consumable items on a progressive basis, such as batteries and jacket water heaters may be included and are generally determined at contract inception. Utility Failure During Scheduled Service; Failure of the utility normal power source) during a scheduled service is very rare. Service scheduling is done to minimize the impact to a specific owner when the unit is out of service for maintenance or repair. No service work starts if there is a particular known possibility that a utility failure could occur such as during a severe weather situation. Utility failures can happen for a variety of reasons even in the best of weather conditions. To mitigate the impact the alternatives are; rental generators brought in while the owner's unit is serviced or multiple backup generators that are serviced at separate times but have the appropriate switchgear arrangement. These are expensive alternatives and present their own logistical problems. If in the course of a scheduled service a utility failure occurs the owner's representative must advise the service representative as quickly as possible. Depending on the service activity in process, if the generator set has been disabled or the controls turned off, it may be that the generator set can be returned to service within a very few minutes. If the incident happens while oil is being drained or pumped from the crankcase the technician will do whatever is needed to return the unit to service as quickly as possible. This time frame will vary with many factors; size of the unit and oil capacity, number of filters and time to get filters back on, filter arrangement and unit location. It is therefore recommended that the UPS systems be sized so that after a determination of what time frame it takes to do a major service at a particular installation is known the UPS could carry the critical loads while the generator set is returned to service. JAS 10 /07 AcoRD CERTIFICATE OF LIABILITY INSURANCE DATE 11 /14 111/14/2011 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 policy(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). PRODUCER 1 - 303 - 534 - 4567 CONTACTNAME: IMA of Colorado, Inc.PHONE FAX A/C. No. Ext):A/C, No): 1550 17th Street ADDRESS: Suite 600 Denver, CO 80202 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: TRAVELERS PROP CAS CO OF AMER 25674 INSURED INSURER B: CHARTER OAK FIRE INS CO 25615 Cummins Rocky Mountain LLC INSURER C ST PAUL FIRE & MARINE INS CO 24767 390 Interlocken Crescent #200 INSURERD: TRAVELERS CAS INS CO OF AMER 19046 Broomfield, CO 80021 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: 24075994 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITSLTRINSRVDPOLICYNUMBERMM /DD/YYYY) (MM /DD/YYYY) A GENERAL LIABILITY 6304620N311TIL11 04/30/11 04/30/12 EACH OCCURRENCE 1,000,000 X DAMAGE TO RENTED 300, 000COMMERCIALGENERALLIABILITYPREMISES (Ea occurrence) CLAIMS -MADE X OCCUR MED EXP (Any one person) 10, 000 X 10 MIL Max Gen Agg PERSONAL BADVINJURY 1,000,000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO -JFCT LOC B AUTOMOBILE LIABILITY 8408118C289C0F11 04/30/11 04/30/12 COMBINED SINGLE LIMIT 1, 00 000Eaaccident) X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE AUTOS Per accident) C X UMBRELLA LIAB X OCCUR QX08300913 04/30/11 04/30/12 EACH OCCURRENCE 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE 5,000,000 DED X RETENTION $ 10,000 D WORKERS COMPENSATION UB4620N311ACJ*WC STATU- OTH- AND EMPLOYERS' LIABILITY Y/N 04/30/1] 04/30/12 x TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED?I N N/A Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000DESCRIPTIONOFOPERATIONSbelowE.L. DISEASE - POLICY LIMIT $ Workers Compensation - AZ,CO,ID,MT,NM,NV,OR,TX,UT incl. Stop Gap EL for WY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is included as Additional Insured on the General, Automobile and Excess Liability Policies if required by written contract or agreement subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of Certificate Holder on the General, Automobile, Excess and Workers Compensation and Employers Liability Policies if required by written contract or agreement subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Service 211025 PM 68 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Government ACCORDANCE WITH THE POLICY PROVISIONS. Ron Siebert 590 Broadway AUTHORIZED REPRESENTATIVE Eagle, CO 81631 USA EXHIBITarEXHIB1 1988-2010 ACORD CORP ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD its TMWILLOUGHBY 24075994