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HomeMy WebLinkAboutC17-075 Aquatics AssociatesAGREEMENT FOR SERVICES BETWEEN EAGLE COUN'T'Y, COLORADO AND AQUATICS ASSOCIATCS. INC. THIS AGREEMENT ("Agreement") is effective as of 03/07/2017 _ by and between Aquatics Associates, Inc., a Colorado corporation (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to contract for professional maintenance of the Freedom Park and Eagle River Preserve ponds for aquatic vegetation control (the "Project"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph t hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. K- l"7a0LVAA8OL4i0 NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: t. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The Facilities Management Department's designee shall be Contractor'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 t t hereof, shall continue in full force and effect for a period of one year. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor C17-075 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 enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed seven thousand eight hundred dollars ($7,800.00). Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. 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 Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor 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. C. 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. d. 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 of any year, without an appropriation therefor 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). 6. Subcontractors. 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 subcontractor agreements for the performance of any of the Services or additional services 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 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. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this. Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 2 GAAiidylContract Nina/ ❑ra R AAquat ics Assoc iateslAVat ics Assoc iatmGSA. Freedom Park and Eagle River Preserve pom&CLEAN.Q 30317. dwx 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County 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 County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless 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 Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses 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 County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 3 GAAiidylCoalract Kim ❑ra R AAquat ics Assoc iateslAVat ics Assac iatmG$A. Freedom Park and Eagle River Preserve pom&CLEAN.Q 3031]. dwx 9. Ownership of Docurnnt. All documents (including electronic files) and materials 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. 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 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. COUNTY: Eagle County, Colorado Attention: Ron Siebert 590 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8881 Facsimile: 970-328-8782 E -Mail: ron.siebert@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 CONTRACTOR: Aquatics Associates, Inc. Attention: Tami Schneck 3013 E. Mulberry St. Fort Collins, CO 80524 Telephone: 970-493-2626 Facsimile: 970-493-3636 E -Mail: tami@aquaticsassociates.com H. 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 Contractor. Upon termination of this Agreement, Contractor shall immediately provide 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 Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the 4 GAAiidACnnt ract FhwI Gra ft AAquat ics Assoc iatesLAVat ics Assac iatmG$A. Freedom Park and Eagle River Preserve pom&CLEAN.Q 30317. docx sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to hind 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, CRS. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor 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 Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. 5 GAAadylCoalinct Fbml ❑mkslAq t"AssociateslAVaticsAs ciatt .GSA.Freedom Park and Eagle River Preserve pomXL.BAN.030317.d0CX i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. 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. 1. 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. in. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. 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 Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, 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.KS. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 5-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.ILS. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E -Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: 6 GAAiidylCoalract Kim ❑ra R AAquat ics Assoc iateslAVat ics Assac iatmG$A. Freedom Park and Eagle River Preserve pom&CLEAN.Q 3031]. dwx http://www.dhs.gov/xprevprot/programs/> r- 1185221678150.shtm C. 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. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor 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. 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). f. If Contractor 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, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLAND] 7 G:A4WCorxract Final braRsAAq at" Assoc iateslAVaticsAssaciatmGSA.Freedom Park and Eagle River Preserve pom&CLEAN.Q30317.docx 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: Bryan Treu, Interim County Manager CONTRACTOR: Tami Schneck Print Name: Title: President 8 GAAiidylCoalinct Kim Din R AAquat ics Assoc iateslAVat ics Assoc iatmG$A. Freedom Park and Eagle River Preserve ponds CLEAN.030317. dwx SCOPE OF SERVICES, SCHEDULE, FEES G:L4WOxitract Final bra RslAq t"Associates\AVatics As ciatt .GSA.Freedom Park and Eagle River Preserve pom&CLBAN.030317.docx AQUATICS ASSOCIATES, INC. 3013 E. Mulberry St. Fort Collins, CO 80524 970.493.2626 fax 970.493.3636 Date: February 2, 2017 To: Ron Siebert Eagle County, Facilities Project Manager P,O. Box 850 Gypsum, CO 81637 Ron.S iebert(a)eag lecounly. us From: Tami Schneck Sr. Aquatic Biologist tam i@aauaticsassociates.com SUBJECT: f=reedom Park Pond and Eagle River Preserve Pond — Seasonal Maintenance We will provide seasonal aquatic vegetation control for the ponds at Freedom Park (FP) and the Eagle River Preserve {ERP} in Edwards, CO as requested. The two ponds would be maintained for the entire growing season from -late May through September time frame depending on weather conditions. Seasonal maintenance will include regular site visits through the growing season (at 3-4 week intervals) with chemical treatments performed on an as needed basis, which is the most cost-effective way to properly manage algae and weed growth so that growth never gets "out of hand". The primary objective of this work is to maintain or control unwanted algae/aquatic weed growth for aesthetic purposes as well as for ecological reasons (maintaining healthy water quality conditions). Maintenance costs are based on the needs of a particular resource, specifically the amount of aquatic vegetative growth that occurs in the ponds during a particular growing season and the costs required to control this unwanted growth. In this case, overall costs are also affected by your timing: 1 j whenlff the Irrigation system must be shut down to adhere to herbicide hold -times, 2) if the inflow can be shut down or reduced during the treatment period to maximize chemical contact time and treatment effectiveness, and 3] to minimize human/pet disturbance around the lake to maximize treatment effectiveness. If a treatment is needed but must be delayed due to your timing regarding shut down of irrigation and inflow, aquatic vegetation will continue to grow which could require more product and corresponding higher cost. We are familiar with the maintenance needs and costs of the f=reedom Park Pond having performed this work for Eagle County for the past ten years (2007-2016) and the Eagle River Preserve Pond for the past four years [2093-2016]. The best estimate of seasonal management costs should be based on costs incurred for take/pond maintenance in previous years, which is based on the algae and aquatic weed problems observed and treatments required. For the Freedom Park Pond system, we recommend that you have a budget of $4,850 Not -to -Exceed (estim range $4,700-4,900) for seasonal maintenance of the main lake and small upper pond. For the Eagle River Preserve Pond, we recommend that you have a budget of $2,950 Not -to - Exceed (estim range $2,800-3,000) for seasonal maintenance of the pond system (main pond and the upper small pondslpools that flow into it). The total cost would be $7,800 for seasonal maintenance of both the Freedom Park Pond and the Eagle River Preserve Pond for the year. All work will be billed on a time and materials basis, with a total cost Not -to -Exceed $7,800. EXHIBIT A A current certificate of insurance is provided herein. Our insurance renews every January with new certificates automatically forwarded to you upon renewal in late December. A current rate schedule is also provided which lists costs of labor and expenses. Costs billed to Eagle County will be shared with AAIB other clients in the Edwards area, as done in past years. Treatments would be performed in accordance with Colorado Department of Agriculture (CDA) regulations which stipulate that chemical treatments can only be performed by commercially licensed and insured aquatic pesticide applicators, which we are (Aquatics Associates, Inc. Commercial Pesticide Lic. No. 11394). Work will also be in compliance with the EPA's new NPDES permit regulation which went into effect In October 31, 2011 for all aquatic pesticide applications. We appreciate your continued business to maintain the Freedom Park Pond and the Eagle River Preserve Pond for the coming season. A signature is required to initiate this proposal. Please return one signed copy of this agreement. Please call if you have any questions regarding the information provided or otherwise. 'shanks. Acceptance of the stated terms and costs Signature 1 date printed name AQUATICS ASSOCIATES, INC. 3013 E. Mulberry St. Fort Collins, CO 90524 970.493.2626 fax 970.493.3635 RATE SCHEDULE Effective January 1, 2017 Professional Services Personnel Hourly Rate Senior Aquatic Biologist/Ecologist $85-90 Macroinvertebrate Specialist $85 Phycologist $85 Aquatic Toxicologist $85-100 Expert Testimony $90-175 Wildlife Biologist/Ecologist $75-85 Aquatic Biologist 1 $65-75 Aquatic Biologist 11 $55-60 Biologist Technician $50-55 Draftsman $55 Direct Expenses Mileage Will be charged at a rate of $.85 per mice for four-wheel drive vehicles based on the total number of miles driven FOB Fort Collins, Colorado. Mileage charges reflect current fuel price. Actual expenses will be charged for meals, lodging, airfare, rental vehicles, reproduction costs, phone charges, field supplies, and other project -related expenses. Aquatics Associates, Inc. provides specialized scientific field equipment for aquatic sampling projects. Equipment charges for various aquatic sampling equipment will be billed at a rate of $125-3001day (i.e. $125/day for benthic Invertebrate sampling equipment, and $300/day for electroshocking equipment and other miscellaneous fisheries sampling gear). Rates for Eagle County Facilities Labor rates are $55/hr for one Aquatic Biologist, $140/hr for two biologists when boat treatment is required (Sr. Aquatic Biologist at $85/hr & Aquatic Biologist at $55/hr for combined rate of $140Ihr). Mileage charges will be shared with AAI's other clients in Edwards area if performed concurrent with our regular schedule, with the amounts billed at half to one-quarter of the standard mileage charge (350 mi. roundtrip @ $.Wmi FWD vehicles = $298 standard mig charge for Eagle County sites) based on the actual number of clients seen on a given date. Shared mileage and expense charges will range between $90 and $160 per visit if shared between two to four clients. The full mileage charge of $298 will be billed only if a visit is requested for lake work on a specific date outside of our regular schedule to the Edwards area, which cannot be shared with another client. Aquatic chemicals will be billed based on a specific product's cost plus mark up (5-15% mark up depending on product). EX-IIBIT B INSURANCE CERTIFICATE 10 G:L4WOxitract Final bra RslAq t"Associates\AVatics As ciatt .GSA.Freedom Park and Eagle River Preserve pom&CLBAN.030317.docx AQUAT-1 OP ID: P5 'nCp►�o CERTIFICATE OF LIABILITY INSURANCE 71TEZi20/2YYYY)6D16 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. 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 CONTACT House Account NAME: Brown & Brown Inc 4532 Boardwalk ❑r, Suite 200 ww,, IAH�aNE .970-482-7747 .1C : 970-484^4185 ^^ E-MAIL Fort Collins. CO B0525 House Account A'DRESS: !!SURER 5 AFFORDING COVERAGE NAIC9 DAMAGE 100,000 NSURER A: Plnnacol Assurance Company 41190 . -MADE INSURED Aquatics Associates, Inc. INSURER B:.SW#SdOle Insurance Company 41297 Ta m i Sc hn ec k INSURER c : Hartford Underwriters Ins Co 30104 3013 E Mulberry St INSURER D: Ft Collins, CO 80524 INSURER E INSURER F 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. LLTTRR TYPE OF INSURANCE I D WVD POLICYNUMBER PNVD EFF M+DDIYYYP LNnS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS MOCCUR CP52590408 01/01/2017 o1r01r2018 DAMAGE 100,000 . -MADE REIALSES(Eaccc rr $ MED EXP (Anyone person) $ 51000 PERSONAL& ADV INJURY $ 11000,000 _ GENERAL AGGREGATE $ 2,000,000 GE N'L AGG REGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMPIOP AGG $ 1,000,000 $ OTHER.. AUTOMOBILE LIABILITY COMBINED IN LE UMIT $ 1,000,000 C ANY AUTO 34UECA04574 01MV2017 OVOV2018 BODILY INJURY(Per person) $ ALLOWNED x SCHEDULED BODILY INJU RY (Per accident) $ AUTOS AUTOS PR PERTY DAMA E x NON -OWNED HIRED AUTOS x AUTOS WBRELLA LIAB OCCUR EACH OCCURRENCE $ FTEXCESS LIAB CLAIMS -MADE NOT (COVERED AGGREGATE $ ❑ED RETENTION $ $ WORKERS COMPENSATION x PER H- AND EMPLOYERS LIABILITY YIN STATUTE ER A ANY PROPRIETORIPARTNERIEXECUTIVE 2218672 01MV2017 01/01/2018 E.L. EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ 500,000 If DESCRIPT1under 0N OF OPE RAT 10 NS be law E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (ACORD 101, AddltlonaI Remarks Schedule, may beattachad II mote space Is required) Eagle County, its associated or affiliated entities its successors and assigns, elected officials, employees, agents ani Volunteers as additional insureds per forms and conditions shown on page 2. ron.siebert@ea gl ecounty. us CERTIFICATE HOLDER CANCELLATION EAGLEC3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Facilities Dept. ACCORDANCE WITH THE POLICY PROVISIONS. PO Bax 850 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE House Account EXHIBIT © 1988-2014 ACORD COR POR ATI 0 B ACORD 25 (2014,101) The ACORD name and logo are registered marks of ACORD AQUAT-1 PAGE 2 ��NOTEPAD !!$UREVSNME Aquatics Associates, Inc. OP ID: P5 ogee 12/20/2016 required by written contract the following applies: Additional Insured - GLS150 07-06 Additional Insured - Automobile-HA9916 03-12