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HomeMy WebLinkAboutC17-136 Cummins Rocky MountainAGREEMENT FOR ON-CALL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND CUMMINS INC. THIS AGREEMENT ("Agreement") is effective as of _ 04/26/2017 __ by and between Cummins Inc., an Indiana corporation (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County" ). RECITALS WHEREAS, County desires on-call and scheduled maintenance services for the Eagle County Regional Airport airfield lighting vault, air traffic control tower, and airport administration facility generators, located at 219 Eldon Wilson Road, Gypsum, Colorado (the "Property" or "Properties"); 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 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT 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 on-call services or work at the rates set forth in Exhibit A and in accordance with a formal proposal for each on-call service to be provided by Contractor and approved by County in writing ("Services" or "Work"). Exhibit A 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 accordance with the schedule established in each proposal approved by County. If no completion date is specified, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below, Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative, The Aviation Director'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 1 1 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. C17-136 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 verbal change orders, express or implied acceptance of alterations or additions to the Services 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 accordance with the fee schedule set forth in Exhibit A- Prior to commencement of Services at any Property or Properties, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials without any mark up and any additional costs necessary to perform the Services at a particular Property or Properties. Each estimate must be approved by County's Representative prior to commencement of the Services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit A- Total compensation for all Services under this Agreement shall not exceed ten thousand dollars ($10,000.10) in a single term year. 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 perform the Services 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 2 Eagle County On -Call General Services final 5/14 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. 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, persona I/ad vert i s ing injury, prod uctslcompleted operations, broad form property damage with limits of liability not less than $1,000,0[10 per occurrence and $1,0[10,000 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 isnot 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. S. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers and employees against any third party 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 3 Eagle County On -Call General Services final 5/14 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. 9. Ownership of Documents. 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 Regional Airport, Colorado Attention: Interim Director of Aviation Alex Everman 219 Eldon Wilson Road Gypsum, CO 51637 Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3578 Facsimile: 970-328-2687 E -Mail: alex.everman@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: arty@eaglecounty.us CONTRACTOR: Cummins Inc. 8211 East 96"' Avenue Henderson, CO 80640 Telephone: 303-287-0201 Facsimile: 303-288-7080 E -Mail: melissa.l.guillen@cummins.corn With a copy to: Cummins Inc. 4 Eagle County On -Call General Services final 5/14 Attn: Contracts Administrator 390 Interlocken Crescent Suite 200 Broomfield, CO 80021 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 performed in accordance with this Agreement to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property or Properties, 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. 5 Eagle County On -Call General Services final 5/14 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. 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. M. 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.RLS. 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. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 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. 6 Eagle County On -Call General Services final 5/14 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: http://www.dhs.gov/xprevprot/programs/gc 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: 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). 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 BLANK] 7 Eagle County On -Call General Services final 5/14 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 R. Treu, Interim County Manager CONTRACTOR: By: Print Name: Title: Michael Orlando PG PM Sales and 8 Eagle County On -Call General Services final 5/14 Fee Schedule Eagle County On -Call General Services final 5114 4rSales and oo Service GRAND JUNCTION BRANCH 731 SCARLET DR GRAND JUNCTION, CO 51505 Phone: 970-242-5776 PLANNED MAINTENANCE AGREEMENT Customer Address Customer Contact Ouote Information EAGLE COUNTY AIRPORT Contact: Andy Solsvig Quote Date: 02 -FEB -17 PO BOX 850 Phone: 970 3282649 Quote Expires: 02 -FEB -20 Eagle, CO 81631 Fax: 970 5248247 Quote Num: 38743 1 LIGHTING Cust Id: 11347 Quoted By: Melissa L Guillen 685.00 VAULT Quote Term: 1 Year(s) Site Information 515.00 1 TOWER FULL SERVICE 1 EAGLE COUNTY AIRPORT 0219 ELDON WILSON RD GYPSUM CO 81637 Site Unit Number Manufacturer Model Prod Model Serial Number Type 1 ADMIN ONAN GEN SET 15ODGFA A000049253 ST 1 LIGHTING VAUL CAT GEN SET 15OKW D150P1 E3976T1001 ST 1 TOWER ONAN GEN SET IOODGDB I030544945 ST Site Unit Number Service Event Qty Sell Price Extended Price 1 ADMIN FULL SERVICE 1 685.00 685.00 TWO HOUR LOAD BANK TEST 1 515.00 515.00 1 LIGHTING FULL SERVICE 1 685.00 685.00 VAULT TWO HOUR LOAD BANK TEST 1 515.00 515.00 1 TOWER FULL SERVICE 1 685.00 685.00 TWO HOUR LOAD BANK TEST 1 515.00 515.00 QUOTED PRICING IS BASED ON WEEKDAYS DURING NORMAL BUSINESS HOURS. AGREEMENT TERMS 0510 1117 - 04/30/18 CONTRACT LABOR RATE FOR REPAIRS WILL BE $110.00 PER HOUR AND MILEAGE WILL BE BILLED AT $3.00 PER MILE VS NORMAL RATES OF $125.00 PER HOUR AND $3.80 PER MILE. ***PRICING DOES NOT INCLUDE ANY SALES TAX IF ANY OR APPLICABLE Standard Agreement Amount Proposal Total Purchase order Please provide name and e-mail address for each site contact. Site: Name:— Site: arne: Site:_Narne: Email: ----------------- 53,61111.1111 53,61111.1111 4rSales and oo Service PLANNED MAINTENANCE AGREEMENT Customer Address Customer Contact Ouote Information EAGLE COUNTY AIRPORT Contact: Andy Solsvig Quote Date: 02 -FEB -17 PO BOX 850 Phone: 9703282649 Quote Expires: 02 -FEB -20 Eagle, CO 81631 Fax: 970 5248247 Quote Num: 38743 Cust Id: 11347 Quoted By: Melissa L Guillen Quote Term: 1 Year(s) Optional services available: * Coolant sample analysis * Fuel sample analysis * Oil sample analysis * Generator rental **All other work will be performed on a time and material basis. Customer Approval Date: CUMMINS ROCKY MOUNTAIN Signature: Date:, Page 2 of 2 EX-IIBIT B INSURANCE CERTIFICATES 10 Eagle County On -Call General Services final 5114 ACORO® CERTIFICATE OF LIABILITY INSURANCE GATE (MNL'OO;YYYY) i� 11/18/2016 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: ff the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). Aon Risk Services Northeast, Inc. CONTPRODUCER NAME: A I King Insurance Aaencv. Inc. 1660 W. 2nd Street Suite 650 PHONE 317-841-6004 p 317-841-6006 E-MAIL ADDRESS: richard aikin insurance.com Cleveland, OH 44113 INSURER[$] AFFORDING COVERAGE NAIC 9 MURERA: Old Republic Insurance Company 24147 INSURER B: Lexi n ton Insurance Com Da ny 19437 INSURED Cummins Inc. 500 Jackson Street INSURER C: Ace American Insurance Company 22667 Mail Code 60805 INSURER D: Columbus IN 47201-6258 INSURER E: GE N'L AGG REGAT E LIMIT APPLIES PER: INSURER F: COVERAGES CERTIFICATE NUMBER: 32890470 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. R TYPEOF'INSURANCE INSD WVD POLICYNUMBER (MM DPDLICYYYYY EFFFEXP LTR LIMITS LTDd A COMMERCIAL GENERAL LIABILITY ,� MWZY302202-16 12/1/2016 12/1/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE V OCCUR PR MGETOREccurDn $ 1,404,000 MED EXP (Anyone ] $ 14,400 PERSONA L & A DV I NJU RY $ 1,004,400 GENERAL AGGREGATE $ 2,004,000 GE N'L AGG REGAT E LIMIT APPLIES PER: POLICY PRO- r -I JECT LOC PRODUCTS - COMPIOP AGG $ 2,000,004 $ OTHER: A AUTOMOBILELUABILniI MWTB308552 12/1/2416 12/1/2417 COMBINED EDSINGLELIMIT $ 2,000, ANY AUTO BODILY INJURY [Per pemon] $ OWNEDSCHEDULED BODILY INJURY [Per amdent] $ AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE $ [Per aociclenn AUTOS ONLY +% AUTOSONLY $ Self Insured J Ph Damage B '/ W BRELLA LIAB or OCCUR 62785312 112/11/20116 112/11/20117 EACH OCCURRENCE $ 10,000,400 AGGREGATE $ 14,404,400 EXCESS UAB CLAIMS -MADE DED RETENTION $ A WORKERS COMPENSATION MWC 308551 00 12/1/2016 12/1/2017VPTA TE OERH AN D E MPLOYERS' L UAB I LITY YIN E.L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETORIPARTNERIEXECUTIVE OF FIC ERIMEMBER EXCLUDED?nN NIA [Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $ 1000 000 ff yes, describe under DESCRIPT10N OF OPE RAT 10 NS below E. L. DISEASE -POLICY LIMIT 1 $ 1,000,000 C Property FAZD38493018 8/1/2016 8/1/2017 Limit: $10,000,000 Special Form including Earthquake & Flood Leased/Rented Equipment FAZD38483018 8/1/2016 8/1/2017 Limit: $25,000,000 DESCRIPTION 0F0PERATIONSI LOCATIONS VEHICLES {ACORD 101,AddNfonaI Remarks Schedule, may be a[La chad II more space is required) ADDITIONAL NAMED INSURED: Cummins Rocky Mountain, LLC. Eagle County, Colorado, its associated or affiliated entities, its successors and assigns, elected officials. employees agents and Volunteers CERTIFICATE HOLDER CANCELLATION Ea Ie Count x PW Box $5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle 81631 AUTHORIZED REPRESENTATIVE Richard Trakimas ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 32890470 116/17 GL AV UME TAC 16/17 PROP (CUSt=) I Elaine P.014an 111/18/2016 8:15:2" :,:1 Page 1 of 2 POLICY NUMBER: MWZY 302202-16 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization[s]: All persons or organizations as required by contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. Oc Insurance Services Office, Inc., 2012 328904'70 1 1611? ;L AU LMB nc 1611? PROP (n,,:..`MWNTY362202'!& I L tiiifWrfgfhe.7 " '917VI120M�1216112017 shall not increase the Insurance shown in the Page 1 of 1