No preview available
HomeMy WebLinkAboutC14-345 Rare Earth Science, LLC AgreementAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND RARE EARTH SCIENCE. LLC THIS AGREEMENT ("Agreement') is effective as of theLq�d­ay of September, 2014. by and between Rare Earth Science. LLC, a limited liability corporation (hereinafter "Consultant' ) and Eagle County; Colorado. a body corporate and politic (hereinafter "County"). RECITALS WHEREAS. the County is negotiating the possible acquisition of a 34 -acre property near Burns. Colorado in Eagle County (the "Property') and requires the services and expertise of the Contractor to complete its due diligence on 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 County in conncction with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. 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 commence upon issuance of a Notice to Proceed from the County. and shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than October 10, 2014 and in accordance with the schedule established in Exhibit A. 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 persomlel 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. 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. County's Representative. The Open Space -Department's designee shall be Consultant's contact with respect to this Agreement and perfonnance of the Services. 3. Tenn of the Aueement. This Agreement shall continence upon the date first written above. and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 10th of October. 2014. 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 acknowledLement by County for such additional services in accordance with County'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 County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust em iclivment. shall be the basis of any increase in the compensation payable hereunder. In the event that \NFritten authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement; Consultant'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. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The perfonnance of the Ser\11ces under this Agreement shall not exceed $4,100.00. 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 County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice fi-om Consultant. All invoices shall include detail regarding the hours spent, tasks performed. who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without an}, additional mark-up tl eriaon and are included in the not to exceed rnntract anwunt set forth. ahove. gut-of-laocketexpenses 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 County. C. If. at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County 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 County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. 2 Eagle County Prof services Final 5114 d. County 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 terns of this Agreement. C. Notwithstanding anything to the contrary contained in this Agreement. County shall have no obligations under tlus Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year. without an appropriation therefor by County in accordance with a budget adopted by the Board of County Conunissioners in compliance with Article 25. title 30 of the Colorado Revised Statutes. the Local Govei=ent Budget Law (C.R.S. ?9-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution. Article X. Sec. 20). 6. Sub -consultants. Consultant acknowledges that County 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 ani, of the Services or additional services Nvithout County's prior written consent. which may be Nvitl>held in County's sole discretion. County 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 County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub -consultant, as approved by County and to the extent of the Sewices to be performed by the sub -consultant. to be bound to Consultant by the terns of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County 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: Types of Insurance. 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 $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 County, with linuts 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 3 Eagle County Prof services Final 5114 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. i. The automobile and conunercial general liability coverage shall be endorsed to include Eagle County. its associated or affiliated entities. its successors and assigns. elected officials; employees, agents and volunteers as additional insureds. ii. Consultants certificates of insurance shall include sub -consultants as additional insureds under its policies or Consultant shall furnish to County 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 Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County 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 Iwlicy anndlor requh:ed end-orsenients required under- this Agreement within five (5) business days of a written request from County; and hereby authorizes Consultant's broker, without further notice or authorization by Consultant, to inunediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County 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 n ininnum limits and shall furnish County a new certificate of insurance showing such coverage. 4 Eagle County Prof Services Final 5114 ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to innnediately ternlinate this Agreement. X. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relving on. and does not Nvaive or intend to waive by any provision of this Agreement, the monetary limitations or rights._ irununities and protections provided by the Colorado Goverunental Innnunity Act, as from time to time amended, or otherwise available to County. its affiliated entities. successors or assigns. its elected officials.. employees. agents and volunteers. 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 pard pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims: damages or liabilities for which County may become subject to insofar as any 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 County for reasonable attorney fees and costs, legal and other expenses incurred by County in comnection with investigating or defending any such loss, claim, damage; liability or action. This indenniification shall not apply to claims by third parties against the County to the extent that County is liable to such third part), for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assigmnents to County of all rights (including common law, statutory; and other rights; including copyrights) to the same as County shall from time to time request. For purposes of this paragraph; the tern "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 subconsultant in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered. or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below. or (iv) when sent via facsinule so long as the sending party can provide facsinule 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 5 Eagle County Prof Services Final 914 address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. C0UI\TTY: Eagle County. Colorado Attention: Toby Sprue]:, Open Space Director 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8698 Facsimile: 970-328-7185 E -Mail: toby.spl-unl: �ueaglecounty.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: Jim A rnstrong Rare Earth Science, LLC P.O. Box 1245 Paonia. CO 81428 Telephone: 970 241.1762 E -Mail: jinni@rareearthscience.conm 1 l . Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultauts and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time; and Consultant shall inunediately 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 County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained; Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. County may terminate this Agreement; in whole or in part, at any time and for any reason, with or without cause; and without penalty therefor -with seven (7) calendar days' prior written notice to the Consultant. Upon tennination of this Agreement, Consultant shall in-unediately provide 6 Eagle County Prof Services Final 5114 M County with all documents as defined in paragraph 9 hereof; in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Sen -ices 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 Counterl)arts: 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: (1) Electronic or facsimile delivery of a fully executed copy of the signature page: (ii) the inmage 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. Other 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 the County 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 xvith 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 perforin 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 County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership. joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. 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. Eagle County Prof Services Final 5114 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 the County. Anv attempt to assign this Agreement without such consent shall be void. or 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 County. Consultant shall be subject to financial audit by federal, state or county 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 the County 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. 1. 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 la.w, (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 Govertument Contracts. As used in this Section 16, the tern undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101; et. seq. If Consultant has any employees or subcontractors; Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of tlus Agreement; Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. s Eagle County Prof services Final 5114 a. Consultant shall not: 1. Knowingly employ or contract with an undocumented individual to perforin 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 public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E -Verify Program or Department Program. as administered by the United States Departnhent of Homeland Security. Information on applying for the E -verify program can be found at: C. Consultant shall not use either the E -verify program or other Department Program procedures to undertake pre-employment screening ofjob applicants whdc the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual. Consultant shall be required to: i. Notify the subcontractor and County 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 days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor docs 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. - 'e. Consultant shall comply with an), reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions; County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement. Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. 9 Eagle County Prof Services Final 5114 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: Keith Montag, County ager RARE EARTH SCIENCE, LLC 0 Print Name: -) Title: 10 Eagle County Prof Services Final 5/14 E�cc1- EXHIBIT I --A-- VIA EMAIL: ob f iii"t.r!tiu c� leco�_!r s August 27, 2014 Toby Sprunk Eagle County - Open Space 500 Broadway Post Office Box 179 Eagle, Colorado 81631-0179 Re: Quotation for Conservation Easement Documentation Colorado River Retreat Property Eagle County, Colorado Dear Toby: At the request of Eagle County Open Space (ECOS), Rare Earth Science, LLC (Rare Earth) is pleased to provide you with this quotation for conservation easement (CE) documentation at the approximately 34 -acre Colorado River Retreat property located near the community of Burns in Eagle County, Colorado. Scope of Work Our scope of -work for this CE project includes a Mineral Assessment Report (MAR} and Phase I Environmental Site Assessment (ESA) Report. For the MAR, Rare Earth will evaluate mineral occurrence and development potential at the property and surrounding area by reviewing published geologic and economic mineral -resource data, along with title -commitment information. Available maps, literature, and aerial photography will be reviewed or acquired from sources such as the Natural Resources Conservation Service; U.S. Geological Survey; U.S. Bureau of Land Management; Colorado Division of Reclamation Mining & Safety; Colorado Oil & Gas Conservation Commission; Colorado Geological Survey; and Eagle County. And, Rare Earth will prepare an ESA report in accordance with ASTM E1527-13, Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process. POST OFFICE BOX 222 1 GUNNISON, COIORAdO 81230,0222 1970.241.1 762 1 jiM@RAREEARThSCIENCE.COM Quotation for CE Documentation — Colorado River Retreat (Eagle County, CO) August 27, 2014 Page 2 of 3 This practice satisfies the environmental due -diligence requirements for ECOS, land trusts, lending parties, and regulatory agencies. The ESA process consists of gathering information about the property from public sources, reviewing documents and records from regulatory agencies, evaluating available aerial photographs and maps, conducting on-site reconnaissance, and interviewing the property owner(s) and other knowledgeable individuals about previous and/or current site usage. The ESA objective is to evaluate the property and identify the likelihood of recognized environmental conditions created by past operations and activities, which may have created a potential to impact site conditions and require mitigation. The MAR and ESA reports will be provided to ECOS as electronic PDF files. Additional hard copies can also be provided as requested; however, modification of our price may be required if there are significant costs associated with additional work products. Cost Estimate and Schedule Based upon the information that ECOS has provided us about the property, we estimate the following costs for completing this project (on a Time & Materials Basis) to be: • Mineral Assessment Report: $1,500 • Phase I Environmental Site Assessment Report: $2,600 Once the work begins, we will invoice for our services on a monthly basis. Terms of payment for Rare Earth's services are 30 days from receipt of each invoice. We will not exceed our quoted costs without your prior authorization (in the event of unanticipated conditions). We propose to complete the MAR for the property no later than 30 days following authorization - to -proceed. Preliminary work would also begin on the ESA following authorization -to -proceed. We anticipate conducting our property visit during late -September 2014, and will deliver the ESA no later than October 10, 2014. We will work closely with ECOS to coordinate finalization of the reports. Limitations To a large extent, the conclusions reached during the ESA process will rely on information gathered from public and private sources. The lack of evidence regarding the presence of hazardous substances and/or petroleum products resulting from a reasonable and mutually agreed-upon scope of work does not,guarantee the absence of such materials. It only indicates that none of these materials were found as a result of the investigation. The limited nature of the scope of work for ESAs precludes Rare Earth from providing any warranty or guarantee regarding the absence of hazardous substances and/or petroleum products. Rare Earth will provide its best professional judgment and will perform the agreed- upon services in accordance with standard and accepted consulting practices and procedures. RARE EARTh SCIENCE 0 Quotation for CE Documentation — Colorado River Retreat (Eagle County, Co) August 27, 2014 Page 3 of 3 The scope of work for this CE project does not include the following: • Review of the insurance claims or coverage history for the property. • Collection and/or analysis of air, soil, vegetation, or water samples. Mineral title opinion. • Review of other environmental issues not included in the ASTM E1527 standard (i.e., asbestos, wetlands, radon, lead in paint or drinking water, cultural/historic resources, endangered species, etc.). • In-depth interviews with previous owners/tenants of the site, or regulatory agency representatives. If this proposal is acceptable, please sign the authorization -to -proceed, below, and return the page to Rare Earth via fax (970/241-1793) or email. We appreciate the continued opportunity to provide ECOS with CE documentation services. Respectfully Submitted, Rare Earth Science, LLC James C. Armstrong Principal Environmental Scientist CC' D. Reeder (Rare Earth) ACKNOWLEDGED AND ACCEPTED BY: Eagle County — Open Space Date RARE EARTIi SCIENCE m EXHIBIT B INSURANTCE CERTIFICATE 12 Eagle County Prof Services Final 5114 AC40 � CERTIFICATE OF LIABILITY INSURANCE °x9104/ 014 ()'!� !2014 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 KEN RICHARDS, agent 2107 N 12TH ST StateFarm GRAND JUNCTION, CO 81501 A: INSURED RARE EARTH SCIENCE LLC PO BOX 222 GUNNISON, CO 81230-0222 4tpgi" KEN RICHARDS ICNNo-Ertl; 970-243-1FAT- 000 - e0kJC,.NoL970-245-5921----- - - MAIL )DRESS: INSURER(S) AFFORDING COVERAGE SURER A: State Farm Fire and Casualtv Crmnanv 7A•rda INSURER C COVERAGES CERTIFICATE NUMBER: 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 AD DL �p TYPE OF INSURANCE UBR 1SOLI�YPJ=F POLICYEXP POLICY NUMBER D NMIDDIYYYY LlMrrs A GENERAL LIABILITY 1 Y I 96 -BZ -B953-3 j 01114/2014 01/14/2016 EACH OCCURRENCE $ 1,000,000 ' X COAL COMMERCIAL GENERAL LIABILITY _ _ _ _ 1 CLAMS -MADE OCCUR j I A I PREMISEAG IS IEa oxvnenca` MED EXP (Any one person', b 300,OOD 5 10,000 _— _ -- PERSONAL & ADV INJUPY $ 1,000,000 S 2,000,000 Y I ' GENERAL AGGREGATE 5 2,000,000 GEN -L AGGREGATE .IMIT APPLIES PER PRODUC S COMPIOPAGG POLICYF_' PRO- --- LOC JEQT — S — ----------- B AUTOMOBILE LIABILITY Y 2165232 -A23 -D6 07123!2014 D712312015 fEaMBNd IED L LI S ANY AUTO BODILY INJURY (Per pereonl S 1,000,000 ALL OWNED SCIIEDULED AUTOS x AUTOS I BODILY INJURY (Per awdenl) S 1,000.000 ` NON -OWNED HIRED AUTOS AUTOS (PROPERTY DAMAGE I (PeracddeM) � S 1,000,000 _- — UMBRELLA LIAB OCCUR EACH OCCURRENCE S -------- ---•-- EXCESS LUIB CLAIMS -MADE AGGREGATE-•------ ---S A__ --- — DEC ---- RETENTIONS I WORKERS COMPENSATION AND EMPLOYERS' LIABILRV ANY PROPRIETOR/PARTNERIEXECUTTVE Y — 7C STATU- ,OTR ' E.L EACH ACCIDENT S OFFICE/ME•MDER EXCLUDED) N f A '-"`-'----' ---- '— -- (Mandatory in NH) E L DISEASE - EA EMPLOYE 5 If yes, desoiba under v- I E L DISEASE - POLICY LIMIT S ❑ ❑ pESCP PTION OF OPERATIONS I LOCATIONS) VEHICLES (Altach ACORD 10t Additional Remarks Schedule, H more apace Is regulredj This insurance is primary and non-contributory with respect to claims arising out of the operation of the described vehicle. Exception to condition #3 -waiver of subrogation with respect to Liability coverage only in favor of The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities. its successors and assigns, elected officials, employees. agents and volunteers CERTIFICATE HOLDER CANCELLATION EAGLE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P -O. BOX 850 ACCORDANCE WITH THE POLICY PROVISIONS. 500 BROADWAY AUTHORIZED REPRESENTATIVE EAGLE, COLORADO 81631 ©1 88-2010 A90RD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD EXHIBIT arks of ACORD 1001486 132849.8 01-23.2013 ►coRor CERTIFIC�.. E OF LIABILITY INSUF� _ VCE DATE(MMIDDIYYYY) 9/3/2014 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). RODUCER :nsurance Planning Alternatives 115 N 7th St. rand Junction CO 81501 CONTACT Lisa Moua NAME: PHONE r (970)242-7526 AIC No:(970)241-9337 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA:Continental Casualty Company 20443 4SURED tare Earth Science, LLC ?0 BOX 222 sunnison CO 81230-0222 INSURER B INSURERC: INSURER D INSURER E: INSURER F: :OVERAGESCERTIFICATE NUMBER:1415E&O 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. TR TYPE OF INSURANCE AN L V R POLICY NUMBER MMIDIDYiYYFrY POLICY EXP LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 71 OCCUR EACH OCCURRENCE $ AMA R NTE PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER. POLICY PRO LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WC STATU- OTH- TORY LIMITS E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYE $ E L DISEASE - POLICY LIMIT $ A Prof Liability/Claims Full P=iIIL Acts EH288280969 $ SD O 01/15/201401/15/2015 p!Clam $1,000,000 Aggregate $1, 000 , 000 IESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Eagle County PO Box 850 500 Broadway Eagle, CO 81631 %CORD 25 (2010/05) NS025 rgmnnst ni CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Lisa Moua/LM ©1988-2010 ACORD CORPORATION. All rights reserved. Tho Arr)Dn nmmn =nrl Innn aro rcnic4crnrl mnrlre of Arr1Rr1