HomeMy WebLinkAboutRAP17-001 Horizon RoofingAGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES
BETWEEN RIVERVIEW APARTMENTS PRESERVATION, LP
AND
HORIZON ROOFING, INC.
THIS AGREEMENT ("Agreement") is effective as of 05/02/2017 by and between
Horizon Roofing, Inc. a Colorado corporation (hereinafter "Contractor") and Riverview Apartments Preservation,
LP, a Colorado Limited Partnership (hereinafter "RAP").
RECITALS
WHEREAS, the flat roof system on building B needs complete removal and replacement including flashings and
scuppers, along with the reinstallation of the current cabling system (the "Project") at the Riverview Apartments
located at 39169 US Hwy b & 24, Avon, CO S 1620 (the "Property"); 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 equipment, materials and installation services as set forth below in paragraph 1
hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and RAP in connection with the
procurement of equipment, materials and services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and RAP agree as
follows:
1. Services or Work. Contractor agrees to procure the materials, equipment and/or products ("Equipment")
necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to
perform and complete the procurement and installation services 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 no later than October 31, 2017 and in accordance with
the schedule established in ExhibitA. If no completion date is specified in ExhibitA, 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.
C. RAP shall have the right to inspect all Equipment. Inspection and acceptance shall not be
unreasonably delayed or refused. In the event RAP does not accept the Equipment for any reason in its sole
discretion, then Contractor shall upon RAP's request and at no charge to RAP:
i. take the Equipment back;
ii. exchange the Equipment; or
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RAP Procurement and Installation Finals/t4
RAP 17-001
iii. repair the Equipment.
2. RAP's Representative. The Maintenance Supervisor, William Wright, the Housing 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 11 hereof, shall continue in full force and effect through the 31" day of October, 2017.
4. Extension or Modification. 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 RAP for such additional services in
accordance with RAP'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
RAP 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 RAP 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. RAP shall compensate Contractor for the Equipment and performance of the Services in a
sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this
Agreement shall not exceed $51,580.10. 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 RAP.
a. Payment will be made for Equipment and 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 RAP may request.
b. If, at any time during the term or after termination or expiration of this Agreement, RAP
reasonably determines that any payment made by RAP to Contractor was improper because the Equipment or
Services for which payment was made were not provided or performed as set forth in this Agreement, then upon
written notice of such determination and request for reimbursement from RAP, Contractor shall forthwith return
such payment(s) to RAP. Upon termination or expiration of this Agreement, unexpended funds advanced by RAP,
if any, shall forthwith be returned to RAP.
C. RAP 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.
6. Subcontractors. Contractor acknowledges that RAP 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 RAP's prior written consent, which may be
withheld in RAP's sole discretion. RAP 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 RAP has an
objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor,
as approved by RAP 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 RAP. RAP shall have the right (but not the obligation) to
enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall
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RAP Procurement and Installation Final 5/14
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,
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
RAP, 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 RAP 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 RAP 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 RAP, 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 RAP, and any of its officers, agents
and employees against any losses, claims, damages or liabilities for which RAP 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 RAP for reasonable attorney fees and costs, legal and other expenses incurred by RAP in connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to
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RAP Procurement and Installation Final 5/14
claims by third parties against the RAP to the extent that RAP 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 RAP and are to be delivered
to RAP before final payment is shade to Contractor or upon earlier termination of this Agreement. Further,
Contractor shall execute any bill of sale or other documents required by RAP to transfer title of the Equipment to
RAP. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide
copies of any manufacturers warranties associated with the Equipment.
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.
RAP:
Attention: Jill Klosterman
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8773
Facsimile: 970-328-8787
E-mail: jill.klosterman@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-mail: atty@eaglecounty.us
CONTRACTOR:
Horizon Roofing, Inc.
Attn: Craig Jagger
189 Sawatch Road
PO Box 1867
Eagle, CO 81631
Telephone: 970-328-4t85
Cellular: 970-390-23t9
Facsimile: 970-328-9394
E-mail: craig@horizon-roofinginc.com
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RAP Procurement and Installation Final 5/14
H. Termination. RAP 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 RAP with all documents as defined in
paragraph 9 hereof, in such format as RAP shall direct and shall return all RAP owned materials and documents.
RAP 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
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 intended purpose and use of the Equipment, 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 RAP written notice of all conflicts, errors, or
discrepancies.
C. Contractor shall be responsible for 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 RAP has
accepted or approved the Equipment and/or 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 hereby represents and warrants that the Equipment will be new and will perform the
Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship
for a period of two (2) years from the date the Work is accepted by RAP, or such longer period as may be provided
by the law or as otherwise agreed to by the parties.
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RAP Procurement and Installation Final 5/14
g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any
manufacturer or supplier are for the benefit of RAP. If any manufacturer or supplier of any Equipment furnishes a
guarantee or warrantee for a period longer than one (1) year, then Contractor's guarantee or warrantee shall extend
for a like period as to such Equipment.
h. Contractor warrants that title to all Work and Equipment shall pass to RAP either by incorporation
into the Property or upon receipt by Contractor of payment from RAP (whichever occurs first) free and clear of all
liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person
performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances.
Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the
Equipment is installed and RAP has inspected and approved the same.
i. Within a reasonable time after receipt of written notice, Contractor shall correct at its own
expense, without cost to RAP, and without interruption to RAP:
Any defects in materials or workmanship which existed prior to or during the period of
any guarantee or warranty provided in this Agreement, and
ii. Any damage to any other Work or property caused by such defects or the repairing of
such defects.
j. Guarantees and warranties shall not be construed to modify or limit any rights or actions RAP may
otherwise have against Contractor in law or in equity.
k. 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.
1. This Agreement constitutes an agreement for performance of the Services by Contractor as an
independent contractor and not as an employee of RAP. 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 RAP and Contractor except that of independent contractor. Contractor shall have no authority to bind RAP.
M. 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.
n. 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.
o. Contractor shall not assign any portion of this. Agreement without the prior written consent of the
RAP. Any attempt to assign this Agreement without such consent shall be void.
p. 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.
q. 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.
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RAP Procurement and Installation Final 5/14
r. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
S. The signatories to this Agreement aver to their knowledge, no employee of RAP 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.
t. 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.R.S. 24-76.5-103 prior to the effective date of this
Agreement.
15. Prohibitions on Contracts.
a. As used in this Section 15, the term undocumented individual will refer to those individuals from
foreign countries not legally in the United States as set forth in C.R-S. 8-17.5-101, et. seq. If Contractor has any
employees or subcontractors, Contractor shall not:
i. Knowingly employ or contract with an undocumented individual to perform Services
under this Agreement; or
ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an undocumented individual to perform work under the contract for services.
b. If Contractor obtains actual knowledge that a subcontractor performing work under the contract
for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to:
i. Notify the subcontractor and RAP 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 (3) days of receiving the
notice required pursuant to subparagraph (i) of the paragraph 14(b) the subcontractor does not stop employing or
contracting with the undocumented individual; except that 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. If Contractor violates these prohibitions, RAP 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 RAP.
d. RAP may notify the Colorado Secretary of State if Contractor violates this provision of this
Agreement and RAP terminates the Agreement for such breach.
[Rest of page intentionally left blank]
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RAP Procurement and Installation Final 5/14
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
Attest:
By: ------------
Regina O'Brien, Clerk
Riverview Apartments Preservation LP
By and through Riverview Apartments Preservation LLC, its
general partner
By and through Eagle County Housing and Development
Authorit
By:
------
Jillian H. Ryan, Chair
CONTRACTOR:
HORdI =`J
By:
Print Name: Craig Jagger
Mmm
Vice President
8
RAP Procurement and Installation Final 5114
SCOPE OF SERVICES, EQUIPMENT, SCHEDULE, FEES
RAP Procurement and Installation Final 5114
4 omzo
P.Q. EoX 1867
Eagle, CO 81631
(970) 326-4185 ■ (970) 328-9394
zQI -f horizon.roafing@gmail com
April 26r, 118
Namur Eagle County Govern meat
Address: 500 Broadway
Mr. Eagle Statim CO Zip: 81631
Phone: 970-471-9102 Emal: wilfamm iaht@eaalecountyws
Job Name: Riverview Apartments - Building B
Location: 39169 Highway 6
Eagle Vail, CO 81620
Scope c f Work
• Remove existing rock ballast and single ply membrane and haul away all debris.
+ Over existing insulation install A' SecarShield Insulation board, Carlisle Syntec 60 mil
E.P.D.M. fully adhered with all necessary wall and penetration flashings.
■ Existing parapitt wall cap flashing to be removed and reinstalled after new membrane is
installed.
Reroofing permit_
Base Bid: $51,580.00
Exclusions: Replacement of wet or deteriorated decking/insulation, heat tape, downspouts,
taxes, qu;wmi and
41166
Clarificadan: The existing E.P.D.M. roofs to remain. Above bid Includes manufactures 20 year
warranty at new E.P.D.M. roof.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner
according to standard practices and guaranteed for Two Years. ice dams that occur are a
maintenance issue and are not covered under workmanship warranty.
Any alteration or deviation from the above specification involving extra costs to be done an an
hourly basis of $60.00 per man hour plus material.
Materials for this proposal are based upon current market prices and cannot be guaranteed past
30 days.
Winter Conditions: Any work performed from October 1 thru April 30 will be subject to a
winterization charge Including snow removal and temporary protection of roof deck on a time
and material basis.
Acceptance of proposal —the above prices, specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as specified. Payment will be made as
outlined above.
Horizon Roofing, Inc.
RM
Accepted By:
Date:
EX-IIBIT B
INSURANCE CERTIFICATES
10
RAP Procurement and Installation Final 5114
HORIROO-01 JOEA
,4cQRo CERTIFICATE OF LIABILITY INSURANCE FDATE[MhNDDmvvy
�4 . 04/19/2017
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 BYTHE 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 have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and condition svf 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
NAME: _
CCIG PHONE F X
5660 Greenwood Plaza Blvd. A1C, No, Ext : (303) 799-0110 I ►LIC No :{303) 799-015fi
Suite 500 E-MAIL . irdoCanhlnkloplg.cum
Greenwood Village, CO B0111 _ _
INSURED
Horizon Roofing Inc.
Pam Jagger
PO Box 1867
Eagle, CO B1631
RISURER E
!!SURER F
141
1
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.
M TYPE OFMSURANCE ADDL SUBR p��y NULIBER POLICY EFF POLICY EXP LIMITS
X COMMERCIAL GENERAL LIABILn"Y H OCCURRENCE 1,000,000
CLAIMS-MADE191 OCCUR I 01017 [acccurncel xi DAMAGEe50'000
GEN'LAGGRE
QATE LIMITAPPLIES PER:
POLICY Lxj Jpa ❑ LOC
HER:
B AUTOJIOBILE LIABILrrY
X ANY AUTO X
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRAUTOS ONLY AUOTOSONLY
C X LFIBRELLA LIAB X OCCUR
EXCESS LIAB CLAIMS -MADE
DED RETENTION $
D WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory In NH)
If yes describe under
MED EXP [Anyone person
I COMBINED
(Eaaccident
t
05/01/201 ti 05/01/2017 BODILY INJ
9594993 O&DV2016 10510112017
01/01/2017 1 01/01/2018
X
1,000,000
2,000,000
LIMIT I e 11000,000
1
1,000,000
DESCRIPTION OF OPE RATIO NSI LOCATIONS 1 VEHICLES {ACORD 101, AdditlonoI Remarks 5cheduI-, may beattachad If more space Is required}
Riverview Apartments Preservation, LP, Le. Eagle County, Its associated or affllated entitles, Its successors and assigns, elected officials, employees, agents
and volunteers are additional insureds under the commercial general liability and automobile liability policies of insurance.
Riverview Apartments Preservation, LP
is doing business with Eagle County
PO Box B50
Eagle, CO B1631
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORED REPRESENTATIVE
ACORD 25 (2016,'03) C 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICE' NUMBER: 13V0 1624051
COWAIERCI.0 GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANCES THE POTACT. PT.E ASE READ IT C'AREFUT.IX.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement. modifies insurance provided under the following:
f :OIt,EvIERCIAL GENERAL LIABILITY f :OST _AGE PART
I Name Of Additional Insured Person(s) Or Oreanization[s] I
As required by written contract
I Information required to complete this Schedule= if not shown above= will be shoe n in the Declarations. I
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 adver-
tising injury" caused, in whole or in part by your acts or
omissions or the acts or omissions of those acting on your
behalf:
A. Tn the performance of yeur on�IToing operations; or
B. In connection with your premises of ned by or rented to
You.
CG 20 26 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 ❑
POLICY NUMBER: BVO 1624051
CONLNIERCIAL GENERAL LLIBILITY
CC 20 37 07 04
THIS ENDORSEMENT CHANGES THE, POLICY. PLEASE READ IT C.AREFLILLY.
ADDITIONAL INSITRED—OWNERS, LESSEES OR
CONTRACTORS — CO-NIPLETED OPERATIONS
This endorsement modifies insurance provided under the lollowing:
COIV MERCI. LL GENERAL LIABILITY" COVERAGE PART
SCHEDL:LE
Naine Of Additional Insin•ed Persons)
Or Organization(s):
Location And Deseflption Of Completed Oper-
ations
As required by
Any and all
written contract.
locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section 11— Who Is An Insured is amended to
include as an additional insured theppersons) or
organizations) shown in the Schedrle, but only
With respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location dcsignat.ed and
described in the schedule of this endorsement
perfonned for that additional insured and in-
cluded in the "products -completed operations
hazard".
GG 20 37 07 04 Q ISO Properties, Inc., 2004 Page 1 of 1 ❑
POLICY NUMBER: BVa 1624051
COMMERCIAL CE_NERU LIABILITY
CC 24 04 10 93
TIIIS ENDORSEMENT CIIA_NGES TIIE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
'this endorsement modifies insurance }provided under the following:
C C7ivT�1FRC"TAT. GF.'N_ RAT, TJARIT.TTY C OVF.RACTF. PART
SC:H.ED U LE
)Name of Person or Organizaliun:.As required by written contract
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applica-
ble to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section ]I — COMv1ERCIAL
GENEILU LIA-BILIl' Y CONDI 1'10N Sj is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of
payments we make for injury or damage arising out of your ongoing operations or "your work" done wider a contract with
that person or oTjanUa11on and included in the "produc:ts-completcd operations har.ard". This waivcr applies only Lo the
person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 11
POLICE' NUMBER 13 VO 1624051
COWAIERCI.0 GENERAL LIABILITY
CG 25 03 03 97
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DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
I his endorsement modifies insurance provided under the following:
CON11v1ERC1AL UE1\ER.AL LIABILITY COVERAGE PAICI
SCHEDULE
Designated Construction Projects: Any and all projects
(11 -no entry appears above, information regtured to complete this endorsement ivill be shown in the Declarations as applrca-
hle Ln this endorsement-)
A. ,'or all stuns which the insured becomes legally obli-
4. The limits shown 111 the Declarations for Each
gated to pay as clamages caused by "occurrences" un-
Occurrence, Firc Damage anal -Vedical Expense
der COVERAGE A (SECTION I), and for all medical
continue to apply. However, instead of being sub-
e%penses caused by accidents under f :O_'T3RA(]E C
Jett to the General Aggegate Limit shoe n in the
(SRC"TT0N il, which can he allrihuted only to omT[)_
Declaralions, such limitswill he suhiect to the ap-
ing operations at a single designated construction pro-
plicable Designated Construction Project General
Jett shown in the Schedule abovo
Aggregate Limit -
1. A separate Designated Construction Project Geri-
B. For all sums which the insured becomes legally obli-
eral Aggregate Limit applies to each designated
gated to pay as damages caused by "occturences' un-
eonstruchon projccL and that limit is equal to the
der C"0_VFRAG-F A (SF.0",TT[ 7N 1), and For all medical
amount of the General Aggregate Limit shown in
expenses caused by accidents under COVERAGE C
the Declarations.
(SECl'10N 1), which cannot be attributed only to on -
2. The Designated Construction Project General
gc}ing operatinns at a single dcsignaLcd a}nslrucLinn
-Aggregate Limit is the most we will pay for the
project shown in the Schedule above:
sum of all damages under C 0_VF.R.AG_F A, cxcept,
1. .any payments macre under COVERAGE A for
damages because of "bodily injury' or "property
damages or under CM,`ERkGE C for medical ex -
damage" included in the -products-completed op-
penses shall reduce the amount available under the
erations hazard", and for medical expenses under
General Aggregate Limit or the Products-
COVE1't %_UE C regardless of the number of:
Completed Operations Aggregate Limit, whichev-
a. Insureds,
er is applicable, and
b. Claims made or "suits' brought; or
2. Such payments shall not reduce any Designated
t.-
Constru ct.ion Proj ect G eneral Aggregate Lim it-
e. Persons or organizations making claims or
bri u1 suits"
bringing
C. When coverage for liability arising out of the "prod-
ucts -completed operations hazard" is provided, any
3. Any payments made under COVERAGE A for
payments for damages because of -bodily injury" or
damages or wider CO VE1't %_UE C for medical ex -
property damage" included in the "praducts-
penses shall reduce. the DcsiL mated C onstruchon
completed operations hazard" will reduce the Prod -
Project General :Aggregate Limit for that designat-
ucts-Completed Operations Aggregate Limit, and not
ed construction project. Such payments shall not
reduce the General Aggregate Limit nor the Designat-
rcduce the Gencral .Ag[,=Tate Limit shown in thecd
Construction Proiect General Aggregale Limit,
Declarations nor shall they reduce any other Des-
ign�nted Construction Project General Aggregate
ll. if the applicable designated construction prosect has
Limit for any other designated construction pro-
ro-
been ahandc}ncd, delayed, or ahandc}ned and then re-
sect shown in die Schedule above.
started, or if the authorized contracting parties deviate
-1
from plans= blueprints, designs- specifications or time-
Lahles, the project will still he deemed to he the same
construction project.
CG25 03 03 97 Copyright, Insurance Services Office, Loc-, 1996 Page 1 of 2 11
K The provisions of l.units Of Insurance (SECTION
TTI) not othcrwisc modi Gcd -by this e.ndoTscment Shall
continue to apply as stipulated.
Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 11
United Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VEN 851 48 (81115)
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This endorsement modifies the Conditions provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Any coverage provided to an Additional Insured shall be excess over any other valid
and collectible insurance available to such Additional Insured whether primary, excess,
Contingent or on any other basis unless:
1) a written contract or written agreement specifically requires that this insurance
apply on a primary and non-contributory basis; or
2) prior to a loss, you request in writing and we agree that this insurance shall apply
on a primary and non-contributory basis.
All other terms, conditions and exclusions under this policy are applicable to this
Endorsement and remain unchanged.
VEN 051 00 (01/15) Page 1 of 1
Assignment Of Payment Of Covered Ex-
penses
(1) An insured may assign payments due
under medical payments coverage, in
writing, to a licensed hospital or other
licensed health care provider, as de-
fined in COLO. REV. STAT. section
10-4-601, an occupational therapist as
defined in COLO. REV. STAT. section
12-40.5-103; or a massage therapist as
defined in COLO. REV. STAT. section
12-35.5-103.
(2) If an insured assigns such benefits, we
will pay covered benefits directly to the
licensed healthcare provider.
6. Additional Definitions
As used in this endorsement:
a. "Family member" means a person related to
you by blood, marriage or adoption who is
a resident of your household, including a
ward or foster child.
b. "Occupying" means in, upon, getting in, on,
out or off.
ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN
WRITTEN AGREEMENT WITH YOU - PRIMARY
This endorsement modifies insurance provided under
the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
1. Who Is an Insured under Section II - Liability
Coverage is amended to include any person or or-
ganization with whom you have agreed in writing in
a contract or agreement that such person or or-
ganization be added as an additional insured on
your policy. Such persons or organizations are addi-
tional insureds only with respect to liability arising
CA -7214(10-98)
out of operations performed for the additional in-
sured by you.
2. The coverage provided by this endorsement will
be primary and noncontributory with respect to any
other coverage available to the additional insured.
3. The Limits of Insurance applicable to the addi-
tional insured are those specified in the written con-
tract or agreement or in the Declarations for this
Coverage Form, whichever is less. These Limits of
Insurance are inclusive and not in addition to the
Limits of Insurance shown in the Declarations.
COLORADO CHANGES - CONCEALMENT, MISREPRESENTATION OR
FRAUD
This endorsement modifies insurance provided under
the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
The Concealment, Misrepresentation Or Fraud Con-
dition is replaced by the following:
Concealment, Misrepresentation Or Fraud
IL -0169F(7-02)
We will not payfor any loss or damage in any case of:
1. Concealment or misrepresentation of a material
fact; or
2. Fraud;
committed by you or any other insured at any time
and relating to coverage under this policy.
(c) Handling, processing or packaging
waste.
(3) Any equipment or device used for the
processing, fabricating or alloying of
special nuclear material if at any time
the total amount of such material in the
custody of the insured at the premises
where such equipment or device is lo-
cated consists of or contains more than
25 grams of plutonium or uranium 233
or any combination thereof, or more
than 250 grams of uranium 235.
(4) Any structure, basin, excavation, prem -
SPLIT BODILY INJURY UNINSURED MOTORISTS
COVERAGE LIMITS
This endorsement modifies insurance provided under
the following:
UNINSURED MOTORISTS COVERAGE
With respect to coverage provided by this endorse-
ment, the provisions of the Coverage Form apply
unless modified by the endorsement.
Paragraph 1 of the Limit Of Insurance provision in
the Uninsured Motorists Coverage endorsement ap-
plicable to bodily injury is replaced by the following:
1. Regardless of the number of covered autos,
insureds, premiums paid, claims made or ve-
hicles involved in the accident, the limit of in-
surance is as follows:
a. The most we will pay for all damages re-
ises or place prepared or used for the
storage or disposal of waste;
and includes the site on which any of the
foregoing is located, all operations conduct-
ed on such site and all premises used for
such operations.
g. 'Nuclear reactor" means any apparatus de-
signed or used to sustain nuclear fission in
a self-supporting chain reaction or to con-
tain a critical mass of fissionable material.
h. 'Property damage" includes all forms of ra-
dioactive contamination of property.
CA -2102R(1-08)
sulting from bodily injury to any one person
caused by any one accident, including all
damages claimed by any person or organi-
zation for care, loss of services or death
resulting from the bodily injury, is the limit
of Bodily Injury shown in the Declarations
for each person.
b. Subject to the limit for each person, the
most we will pay for all damages resulting
from bodily injury caused by any one ac-
cident is the limit of Bodily Injury shown in
the Declarations for each accident.
c. Subject to a and b above, the most we will
pay is the amount of damages sustained
but not recovered.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO
US - AUTOMATIC STATUS
This endorsement modifies insurance provided under
the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorse-
ment, the provisions of the Coverage Form apply
unless modified by the endorsement.
The following is added to the Transfer of Rights of
Recovery Against Others to Us Loss Condition:
1. We waive any right of recovery we may have
CA -7241 (3-03)
against any person or organization described in
paragraph 2 because of payments we make for
bodily injury or property damage arising out of
your use of a covered auto which occurs while
under a contract with that person or organiza-
tion.
2. The waiver applies only to a person or or-
ganization with whom you have a written con-
tract or agreement requiring you to waive the
rights of recovery under this policy. This written
contract or agreement must have been execut-
ed prior to the occurrence causing bodily injury
or property damage.
PINAFAA COL
ASSURANCE
Horizon Roofing Inc
P.Q. Box 1867
Eagle, CO 81631
ENDORSEMENT: Blanket Waiver of Subrogation
7501 E Lowry Blvd
Denver, CO 80230-7006
303-361-40001800-873-7242
www.pinnacol.com
NCCI #: WC000313B
Policy #: 3289329
CCIG
5660 Greenwood Plaza Blvd
Suite 500
Greenwood Village, CO 80111
(303) 799-0110
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
To any person or organization when agreed to under a written contract a agreement, as defined above
and with the insured, which is in effect and executed prior to any loss.
Effective Date: January 1, 2017 Expires on: January 1, 2018
Pinnacol Assurance has issued this endorsement January 3, 2017.
Construction and Natural Resources Center of Excellence
Phone (303) 361-42001 (866) 820-6129
Fax (303) 361-52001 (888) 329-2216
7501 E Lowry Blvd Denver, CO 80230-7006
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