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HomeMy WebLinkAboutC17-239 Double M Asphalt & Coatings IncAGREEMENT FOR THE 2017 CRACK FILL PROJECT BETWEEN EAGLE COUNTY, COLORADO AND DOUBLE M ASPHALT,", COATINGS, INC. THIS AGREEMENT (" 06/29/2017 Bement"} is effective as of _, by and between Double M Asphalt & Coatings Inc., a Colorado corporation (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County" or "Owner"). RECITALS WHEREAS, the project which is the subject hereof is generally described as Project #3 of the 2017 Crack Fill Project. County desires to retain Contractor to fill cracks on the various roads identified as Project #3 and located in Eagle County and to provide traffic control in connection therewith (hereinafter 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 or perform the Work as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Work. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel, materials, supplies, equipment, tools, implements, supervision, security, storage or other services as required and necessary to perform and complete the services or work described in Exhibit A as Project #3 (the "Contractor's Bid Form") on each of the roads identified for Project #3 on Exhibit B (the "Road List") (collectively the "Services" or "Work"). Exhibit A and Exhibit B are attached hereto and incorporated herein by reference. The roads identified on Exhibit B for Project #3 may also be referred to herein as the "Property". The Work shall be performed in accordance with the provisions and conditions of this Agreement. Notwithstanding anything herein to the contrary, the only Project awarded by this Agreement is Project #3 and Contractor shall not perform Projects #t and #2. Contractor hereby waives any claims to Projects #1 and #2. a. Contractor agrees to furnish the Work no later than October 318t, 2017 (the "Contract. Time") and in accordance with the Project Schedule (defined below). Contractor shall submit a Project Schedule within five (S) days of executing this Agreement for approval by Owner (the "Project Schedule"). The Project Schedule shall set forth the timeline and milestones for completion of the Work by Contractor on or before the Contract Time. Contractor shall provide regular monitoring, on at least a weekly basis, of the Project Schedule as Work progresses. Contractor agrees to furnish the Work 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 Work. No modification shall be made to the Contract Time unless a written change order is executed by Owner in accordance with the Contract Documents. C17-239 b. In the event of any conflict or inconsistency between the terms and conditions set forth in any exhibit and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. C. Contractor shall perform all Work required by the Contract Documents (defined below) or reasonably inferable therefrom, for the complete performance of the Project in accordance with the Contract Documents. The foregoing as well as any Special Provisions included in Exhibit A are included in the Work. d. Contractor shall employ all such additional labor services and supervision, including such extra shifts and overtime, as may be necessary to maintain progress in accordance with the Project Schedule and complete the Work within the Contract Time, all without an increase in the Unit Prices (defined below). Should it appear to Owner that Contractor is in danger of failing to comply with the Project Schedule, Contractor shall cause its employees, subcontractors, and all other parties covered by the Contract Documents to perform and work at hours and on days, in addition to the normal working hours and working days, whatever overtime work or shift work is necessary to comply with the Project Schedule and Contract Time and with no adjustment to the Unit Prices or Base Bid Price (defined below). C. If the Work is taking place on property owned by other federal, state or local governmental entities, a public utility or other third party, Contractor shall comply with any additional terms and conditions required by applicable law and (or) permits. 2. County's Representative. The Road & Bridge Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Work. Contractor's representative is Michael Haase, President. a. The Eagle County Road & Bridge Manager shall be authorized to sign change orders modifying the scope of work and associated compensation within the budget constraints set for the Project. Change orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. b. Neither Owner's nor Contractor's representative(s) shall be changed with less than ten (W) days' prior written notice to the other party. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph t I hereof, the Work shall be completed by the 31`Y day of October, 2017. The Term of this Agreement shall continue through any warranty or extended warranty as set forth herein. Any guarantees, warranties or indemnification set forth in the Contract Documents shall survive termination or expiration. 4. Changes in the Work -Extension or Modification. Owner, without invalidating the Contract Documents, may order changes in the Work consisting of additions, deletions or other revisions to the Work, with the Base Bid Price and(or) the Contract Time being adjusted accordingly (individually a 'Y n e" and collectively "Chanes'). All such Changes in the Work shall be authorized by a "Change Order" and shall be performed pursuant to the Contract Documents. A Change may result in a modification to the quantities set forth in Exhibit A hereto, but any such Change shall be priced in accordance with the Unit Prices. a. Within three (3) business days of receipt of an order for Change(s) from Owner, Contractor shall prepare and submit to Owner, a detailed breakdown (with all supporting documentation) sufficient to enable Owner to determine the effect on the Base Bid Price, if any, and the effect on the Project Schedule or Contract Time, if any, of a proposed Change. Such breakdown and -documentation shall reflect all labor, services and materials altered, added, omitted or changed by the proposed Change(s), with the detailed breakdowns, estimates and verification of prices by Contractor and each applicable subcontractor (but with no change in the Unit Prices). Contractor shall not 2 have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. When a Change request requires immediate commencement of Work described, then Contractor shall submit a rough order of magnitude cost estimate within three (3) business days of commencing such Work. Owner will, on a periodic basis and in accordance with the Contract Documents and C.R.S. 24-91-103.6 (2)(c), make periodic reimbursements for additional Work that is directed by Owner and performed by Contractor until a Change Order is finalized. In no instance, shall the periodic reimbursement be required before the Contractor has submitted an estimate of cost to the Owner for the additional Work to be performed. b. Upon issuance of a Change Order by Owner, Contractor and its subcontractors will perform the Change(s) in the Work incorporated by the Change Order. c. If there is a disagreement regarding the amount of adjustments to the Base Bid Price and(or) Contract Time in a Change Order, the Base Bid Price and the Contract Time shall be adjusted unilaterally by Owner by the amounts shown in the Change Order executed by Owner. Contractor may oppose any such unilateral decisions of Owner only by utilizing the dispute resolution provisions set forth in paragraph 4.2 (h) hereof and without any stoppage of the Work. As to any adjustments to the Base Bid Price set forth in said Change Order, the same shall be ultimately calculated as set forth in the Contract Documents (without any change in the Unit Prices). d. Notwithstanding and pending resolution of any dispute regarding any adjustment in the Base Bid Price or Contract Time with respect to a Change, Contractor shall promptly proceed with Work required by any Change Order issued by Owner. e. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy -granting provision of the Agreement. f. Owner will have authority to order minor changes in the Work not involving changes in the Base Bid Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 4.1 Contractor Notice of Claim for Change Order. a. If Contractor contends that any order from Owner or other event or occurrence shall cause Change (s) in the Work entitling Contractor to an adjustment to the Base Bid Price (as the same relates to quantity, but not including Unit Prices) or Contract Time, Contractor shall submit a written Notice of Claim to Owner as set forth in Section 4.2 hereof. b. Owner shall review any timely Claim submitted by Contractor. In conducting its review, Owner shall have the right to require Contractor to submit such additional or supporting documents, data and other information as Owner may require. If, upon completion of such review, Owner determines a Change is justified, Owner shall issue a Change Order amending the Base Bid Price (subject to the provisions and conditions of the Contract Documents) or Contract Time, or both, as appropriate. Otherwise, Owner may determine not to so issue a Change Order amending the Base Bid Price or Contract Time. If Contractor disputes the determination made by Owner, Contractor shall notify Owner in writing within three (3) business days following receipt of the determination and permit Owner five (S) additional days to reconsider and, if it deems it appropriate, modify its decision. If Owner does not modify its decision and Contractor still disputes Owner's determination, then Contractor may pursue the dispute resolution procedures set forth in paragraph 4.2(h) hereof. Notwithstanding the foregoing, the parties acknowledge and agree that Contractor shall not be entitled to a Change Order unless Contractor submits a written Notice of Claim to Owner and otherwise follows the processes and procedures set forth in Section 4.2 within the time limitations set forth in Section 4.2, time being of the essence with respect thereto. c. No Change in the Work, whether by alteration or addition to the Work, shall be the basis of an addition to the Base Bid Price or a change in the Contract Time unless and until such alteration or addition has been authorized by a written Change Order executed and issued in accordance with and in strict compliance with the Contract Documents. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders or express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis for any Claim for an increase in the Base Bid Price or Change in the Contract Time. In the event that a written Change Order isnot requested in strict compliance with the Contract Documents, time being of the essence with respect thereto, Contractor's rights with respect to such Claims shall be deemed waived. 4.2 Claims. a. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of the Contract Document terms, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. b. Pending final resolution of a Claim, Contractor shall proceed diligently with performance of the Contract Documents and Owner shall continue to make undisputed payments in accordance with the Contract Documents. c. If Contractor contends that any order from Owner or other event or occurrence shall cause Change (s) in the Work entitling Contractor to adjustment to the Base Bid Price (as the same relates to quantity, but not including Unit Prices) or Contract Time, Contractor shall provide a written notice of claim ("Notice of Claim") to Owner as provided herein. Such Notice of Claim must clearly identify the order or event which is relied upon and contain a clear statement of why it constitutes a basis for adjustment. Said Notice of Claim shall also include a designation of the provision or provisions in the Contract Documents on which the Claim is based and the amount of time and compensation claimed. All costs, expenses, damages and extensions of time claimed as a result of this alleged change shall be described in reasonable detail under the circumstances together with complete supporting documentation. d. All Claims for increases in the Base Bid Price shall be made in writing to Owner as soon as reasonably practicable but in all events within seven (7) days of Contractor's knowledge of the circumstances giving rise to such Claim. In making a Claim for an increase in the Base Bid Price, Contractor shall provide Owner with written documentation concerning the Claim, including but not limited to the specific reasons for the Claim and the amount of the Claim. Any such Claim for increase in the Base Bid Price may result in an adjustment in the quantities set forth in Exhibit A to the Agreement, but under no circumstances shall there be an adjustment to the individual Unit Prices. In the event that Contractor fails to timely submit a Claim for an increase in the Base Bid Price or Contract Time, or if additional Work is performed prior to the approval of such a Claim, no equitable adjustment shall be made to the Base Bid Price or Contract Time as a result of such Work. Notwithstanding the foregoing, prior notice is not required for Claims relating to an emergency endangering life or property, in which case Contractor shall act, at Contractor's discretion, to prevent the threatened damage, injury or loss. e. Except as expressly provided in the Contract Documents, Contractor shall not be entitled to any extension of the Contract Time. If Owner finds that Contractor is entitled to any extension of the Contract Time, Owner's determination as to the total number of days extension shall be based upon the currently approved Project Schedule and on all data relevant to such extension. Such data shall be included in an amendment to the Project Schedule based upon a Change Order executed in accordance with the Contract Documents. Actual delays in activities which according to the Project Schedule, do not affect the critical path shall not be the basis for a Change Order with respect thereto. f. All Claims for extensions of the Contract Time shall be made in writing to Owner as soon as 4 reasonably practicable but in all events within five (5) days of Contractor's knowledge of the first instance of delay, and the circumstances and activities leading to such claim shall be indicated or referenced for the day(s) affected. However, it is specifically acknowledged that no change in the Project Schedule shall be effective unless and until a Change Order is properly executed in accordance with the Contract Documents. In making a Claim for an extension of time as a result of a delay, Contractor shall provide Owner with the following specific information: nature of the delay; date (or anticipated date) of commencement of delay; activities on the Project Schedule affected by the delay, and(or) new activities delay, and their relationship with existing activities; identification of person (s) or organization(s) or event(s) responsible for the delay; anticipated extent of delay; and recommended action to avoid or minimize the delay. g. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of the Contract Time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. In the event of any disagreement between Owner and Contractor as to the amount of the adjustment to be made to the Contract Time, the amount of the adjustment not in dispute shall be processed as a Change Order and the amount in dispute shall be processed as a Claim under the provisions of this Section 4.2 of the Agreement. The burden of proof that an event of delay has occurred which should extend the Contract Time as provided for herein shall be borne by the party claiming such to be the case; provided, however, under no circumstances shall there be an adjustment to the Base Bid Price or the individual Unit Prices. h. All claims, disputes, controversies and other matters in question between Owner and Contractor shall, in the first instance, be subject to good faith negotiations between the parties. Either party may notify the other of a claim or dispute. Within fifteen (t 5) days after the delivery of such notification, or such longer period as the parties may mutually agree, the parties shall meet in a good faith to resolve any claims or disputes. In the event the parties cannot reach an agreement then any and all remaining claims, disputes or controversies related to the Contract Documents, 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. The parties further acknowledge and agree that Owner shall have the right, but not the obligation, to join any consultant and (or) subcontractor in any such meeting and (or) litigation. 5. Compensation. County shall compensate Contractor for the performance of the Work in a sum computed and payable in accordance with the Unit Prices as set forth in Contractor's Bid Form attached hereto as E xh ib i IA the "Unit Prices" and the procedures set forth in the Contract Documents. The total compensation for Contractor's Work on the Project shall not exceed $4,692.00 ("Base Bid Price"). a. Upon written notice from Contractor that the Work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. Defects are those identified by an Eagle County Official and shall be judged on quality by that 0fficial(s). After Contractor has completed all such items to the satisfaction of Owner, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection, if any, Contractor may submit an invoice for final payment. Contractor upon request will furnish receipts or releases in full or an affidavit of Contractor that the releases and receipts include all labor, services, materials and equipment for which a lien could be filed, and that all payrolls, material, and equipment, bills and other indebtedness connected with the Work, for which Owner might in any way be responsible have been paid by Contractor. b. Upon satisfactory completion of the Work as set forth above, Payment will be made for Work satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor and based upon actual quantities actually incorporated into the Project. All invoices shall include detail as County may request. In taking action on Contractor's invoice, Owner shall be entitled to rely on the accuracy and completeness of the information furnished by Contractor and shall not be deemed to represent that: (i) Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) Owner has made exhaustive or continuous on-site inspections of the Work. C. The Base Bid Price includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. Unit quantities actually incorporated in the Project may be adjusted subject to the not to exceed Base Bid Price set forth above and in accordance with the Contract Documents. In no event, shall the Unit Prices set forth in Exhibit A be adjusted. d. Where the quantity of Work with respect to any item that is covered by a Unit Price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order (additive or deductive) may be granted with written approval of Owner in accordance with the Contract Documents. Notwithstanding the foregoing, in no event will a Change modify the Base Bid Price without a Change Order approved by Owner. C. Pursuant to the provisions of Section 2491-103.6 C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no Change Order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed, which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy -granting provision in the Agreement. f. County may withhold from any payments due to Contractor, to such extent as may be necessary to protect County from loss, because of defective Work or material not remedied or the failure of Contractor to carry out the scope of Work in accordance with this Agreement. g. 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 Work 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. h. Contractor acknowledges that Owner is a tax-exempt entity and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Base Bid Price. 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. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor will pay the same. Owner will cooperate with Contractor to obtain tax exemption for this Project. 11 i. LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence for this Agreement and that Owner will suffer financial loss if the Work is not complete and ready for final payment within the Contract Time, plus any extensions thereof as approved by appropriate Change Order issued by Owner. They also recognize that delays, expense, and difficulties involved in proving the actual loss suffered by Owner in a legal or arbitration proceeding if the Work is not completed on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner, Three - hundred dollars ($300.00) for each day that expires after the Contract Time, plus any extensions thereof approved by a Change Order, until the Work is complete. j. 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). k. Contractor shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following termination, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time. Owner and Owner's accountants shall be afforded access to, and shall be permitted to audit and copy Contractor's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents. All documents (including electronic files) which are obtained during or prepared in the performance of the Work shall remain the property of Owner and are to be delivered to Owner before final payment is made to Contractor or upon earlier termination of this Agreement. 1. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither any progress or final payment nor the payment by County to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by County, nor any act or acceptance by County, nor any failure to do so, nor any correction of defective Work by County shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. m. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any request for payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances. 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 Work or additional work 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 Work 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 7 agents, employees and subcontractors. Nothing contained herein shall be deemed to create any contractual relationship between any subcontractor and County. a. Contractor shall at all times promptly make payments of all amounts lawfully due to all persons or subcontractors supplying or furnishing such person or subcontractors or their subcontractors of any tier with labor, laborers, materials, rental machinery, tools, or equipment used or performed in the prosecution of the Work and Contractor will indemnify and save harmless County to the extent of any payments necessary to carry out this Agreement. Contractor acknowledges that payment shall be made to Contractor in accordance with Section 5 of this Agreement and Contractor and its subcontractors are not entitled to lien the property that is the subject of the Project. Contractor shall include the language of this paragraph in any subcontracts for the Project. 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 $1,000,000 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 C. 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. Contractor's policy shall contain a waiver of subrogation against Eagle County. iii All insurance shall remain in effect until final payment and at all times when Contractor may be correcting, removing, or replacing defective Work. 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 or any of its officers, agents and employees may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, the Work, or are based upon any performance or nonperformance by Contractor or any of its subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable; 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 claim without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Work 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 Attn: Eagle County Road & Bridge Department Post Office Box 250 Eagle, CO 81631 Telephone: 970-328-3540 Facsimile: 970-328-3546 Email: john.harris @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: 9 Double M Asphalt & Coatings, Inc. Attn: Michael Haase Post Office Box 1956 Edwards, CO 81632 Telephone: 970-926-3343 Cell Phone: 970-904-1136 Email: paverboymh@aol.com 11. 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 Work satisfactorily performed to the date of termination. Any guarantees or warranties with respect to materials and Work performed shall survive termination. Any indemnification set forth the Contract Documents shall survive 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. 24-71.3401 to 1.21. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Work to be provided hereunder and the roads identified for Project #3 in Exhibit B 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 Work. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in herein. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Work. 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. C. Contractor shall be responsible for the completeness and accuracy of the Work and shall correct, at its sole expense, all significant errors and omissions in performance of the Work. The fact that the County has 10 accepted or approved the Work shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Work in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar work. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Work and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Work is performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor warrants to Owner that: (i) materials and equipment furnished under the Contract Documents shall be of first class quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work shall be free from defects and deficiencies; (iii) the Work shall conform to the requirements of the Contract Documents, applicable laws and applicable permits; and (iv) the Work shall be performed in a good workmanlike manner. All guarantees or warranties of equipment or materials furnished to Contractor or any subcontractor(s) by any manufacturer or supplier shall be for the benefit of Owner. Contractor shall and hereby does covenant, warrant and agree that it shall repair or replace any and all of the Work, together with other Work which may be displaced in so doing, that does not conform with the requirements of this paragraph 14(f) without any cost to Owner for a period of twelve (12) months following the date of completion of the Work. This obligation shall survive both final payment for the Work or designated portion thereof and termination of this Agreement. Further, any Work corrected in accordance with this paragraphl4(f) by Contractor, shall be subject to an additional one (1) year warranty from the date of correction on the same terms and conditions as the initial warranty. The extended warranty shall only apply to the items of Work requiring correction. g. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within twelve (12) months following the date of completion of the Work, or such longer period of time as may be set forth in the Agreement (including the bid), prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site, and replace it with non -defective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected, removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. Any defective Work corrected by Contractor in accordance with this paragraph 14(g), shall extend the warranty for an additional one (1) year from the date of the correction of the defective Work on the same terms and conditions as the initial warranty. The extended warranty shall apply only to the items of Work requiring correction. h. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven day (7) period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. The cost of correcting such deficiencies set forth in said Change Orders shall be calculated based upon the Unit Prices, plus Owner's actual, out-of-pocket expenses plus a surcharge equal to five percent (5%). i. All guarantees and warranties of materials furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any materials 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 materials. 11 j. Guarantees and warranties shall not be construed to modify or limit any rights or actions County 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 Work 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. Contractor shall be solely and entirely responsible for the means and methods to carry out the Work that may be required under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, subcontractors and servants during the performance of this Agreement. In. Contractor represents and warrants that at all times in the performance of the Work, 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 County. 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. 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 the County has any personal or beneficial interest whatsoever in the Work 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 Work 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.KS. 24-76.5-103 prior to the effective date of this Agreement. U. Contractor acknowledges that whenever any public works project is financed in whole or in part by funds of the County, Colorado labor shall be employed to perform at least 80% of the Work. Contractor shall comply with this requirement. 12 V. Any indemnity, warranty or guaranty given by Contractor to Owner under the Contract Documents shall survive expiration or termination of the Contract Documents and shall be binding upon Contractor until any action thereunder is barred by the applicable statute limitations or as otherwise expressly provided by the Contract Documents. W. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. Further, Contractor shall perform the Work in strict conformance with the Contract Documents. Contractor shall not be relieved of any obligations set forth in the Contract Documents either by activities or duties of Owner, any consultant, or by tests, inspections or approvals required or performed by persons other than Contractor. Contractor shall arrange for tests, inspections and approvals as required by the Contract Documents. If the Contract Documents require any portion of the Work to be inspected tested or approved, Contractor shall give Owner at least twenty-four (24) hours' notice of its readiness so Owner may observe such inspecting, testing or approval. If Owner determines that any Work requires special inspection, testing or approval not already required by the Contract Documents, Owner may instruct Contractor to order such special inspection, testing or approval. X. Contractor shall supervise, coordinate and direct the Work, continuously monitor the performance of the Work, and inspect the quality and workmanship of the Work for any defects and (or) deficiencies in the Work. Contractor shall enforce strict discipline and good order among its employees and subcontractors and shall require subcontractors to do the same. Contractor shall replace on-site supervision personnel as -needed upon performance and based upon Owner's assessment that the Project is not adequately staffed or the Work is not adequately progressing. Y_ Contractor agrees that only competent and skilled workmen who satisfactorily perform their duties shall be employed on the Project and Contractor shall ensure that there are an adequate and competent supply of skilled workmen and materials as necessary to carry out the Work on a continuous basis. Z. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. aa. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. Contractor shall erect and maintain, as required by existing conditions and performance of the Contract Documents, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. bb. Contractor shall keep the premises/work site and surrounding area free from accumulation of debris and trash related to the Work. CC. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the 13 responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 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 Work under this Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Work 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 Work under this Agreement through participation in the E -Verify Program or Department Program, as administered by the United States Department of Homeland Security. 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). 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. 14 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. 16. Contract Documents. The "Contract Documents" which comprise the entire Agreement are made a part hereof, and consist of the following: a. This Agreement; b. Contractor's Bid Form and Special Provisions attached as Exhibit A; c. Road List attached as Exhibit B; d. Certificates of insurance attached as Exhibit , e. Notice of Award and, if any, Notice to Proceed; f. Project Schedule g. Addendum(s); h. Any modification or amendment, including Change Orders duly delivered after execution of this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK] 15 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 CG T�:'�/ w &Coatings, Inc. ��U��,G By: --------------- Michael Hass Print Name: Title: President 16 CONTRACTOR'S BID FORM AND SPECIAL PROVISIONS 17 (PAI -C, [ 7 DID ACKNOWLEDGIMM FORM THIS BID ACKNOWLEDGEMENT FORM MUST BE SUBMITTED WITH YOUR BLD TO., Engle Couray Road & Bridge Deperiment Attn:lout Harris P.O.Box 250 Eagle, CO 8 [ 631 Ica: Eagle County 2017 Crack FiI [ Project 7bo undertigru;d, having examined the Instructions to Bidders and any and all documents related to the above refameed project: (a) agr= 10 comPlY with all conditions, requirements, and instrztctions of the bid documents as stated or implied therein; (b) acknowledges dw right ar F.sgic Cauaty, in its We discret[on, to reject any or A bids su brained, and that an award stay be made even though not the lowest cost; CO acknowledges and agres tMt the dismetion of Eagle County, in &-kation of dm successful bidder or bidders Shall be i'mal, not subject to review or attars and (d) acknowledges tisat this bid is made with full knowledge of the foregoing and full agraement thereto. By submission of this bid, and 51pawm bet9w, the respondent acknowledges that he has the authority to sign oris Bid Admawledgerat Fomt and bund tie -comfy named Maw. The bidder fu t a wknOwledgw tilt Eagle CourrtY has the right to make any inquiry or'rnvezllptlon it deems 8PPm trUta to Mbstant[at* or supplement Infacrnation contained In the bid wid mated documents, and authorizes mlease to F-gk County of any and an infarroa#ion sought in suds Inquiry or invew1godat. ` Company Ntcme: ice. i"'� :•.y S _T11'r Title of Bidder. _a4rcs-1Je pet Name of Didder. 5igrratnme ofBiddrr: Data: EKHiaiT "A° ---Pai f � EAGLE OOUNTY 2017 CRACK FILE. PROJECT SubdMsion CRVag ( Road list: Seems EV -000 Exhibit B). Constnuilon zone #rafFlc WWwbe Ridge Read CR 35 See # 1 in zone Ridge PROJECT M laantlon 0=01an Old Edwazds Crack M all roads In Old EsbAn CR Edwards Estebm, (Road rmt± EEXW See 01 In F.xhlbk B). Con*uction zone Uif#ta 7.7 E miles 1 1 61 ' R4 d-160 MUSS 115q 1 1 r 3 S Lili m 0.4, thi I' U14 �. �. i 0.7 f miles 1 5-11 S 1 3 cl�J, 1p sum TOTAL FOR PROM ECF v LVb TOTAL FOR t NOW V4Ui li f A - I� k- SPEC[AL PROVISIONS !. CMcka must be cleaned with Compressed alr of at least 104 CFM w/ condensaticm trap and their cmck shall he dried thoroughly before product [a app[ei. 2. The product placed to the sacks shah be Deeny 142, ASTM D -UN. shall be a minimum of 380degrwn when applied, and leveled gaff using a rubber squeegee. 3. Matearlal shall be blotted with sand ONLY whoa needed for trafft to drive an the fresh oll. 4. Craa4oca of I& or Wder shao be ft[[ed with an approved backer rad that wla Mastand 380 degee wrack fill. G. One or more pr*cts may be eliminated depending on final bid results. COfttwCkP 11nM 97 rl 0LJ r„ • J1r 1 J� .f- + �. N' r EX-IIBIT B ROAD LIST 18 Exhibit "R" 2017 Crack Fill Project — Road List Eagle Road (CR EV7.000) Eagle Drive (CR EV2,000) Eagle Circle Drive (GR EV2A. € Mariposa Lane (CR EV3.00 airy Lane (CR EV4.000) lunibine Circle (CR EV 00) L spur Lane (CR EV6. O) 5to Creek Drive (CR T000) Elk L e (CR EV8.000 Coyot ircle (CR EV .000) Coyote urt (CR E 0.000) Cottonwo (CR E 1.000) Trout Pon ane R EV12.000) Beaver Roa C EV13.0oo) Gopher Roa EV14,000) Deer Run (C V15.000) Lupine Lane EV17.00€]) Deer BLVD CR 19.000) Deer Cou (CR E 0.000) Eagle -V Road (C V21.000) Grouse ourt (CR E 000} Ptarm' an Court (CR 3.000) Bear hurt (CR EV24, Ph sant Court (CR EV 00) La Court (GR EV26.000 D e Court (CR EV27,000) iverside Road (CR EV28.00 ■ ■ Y Project I Old Edwards Wellington Lane (CR EE1.000) Old County Lane (CR EE2.000) County Lane (CR EE3.000) to top cul-de-sac EXMrr C CERTIFCATES OF INSURANCE 19 DOUBL-2 OP ID: NR '4C'a�2o CERTIFICATE OF LIABILITY INSURANCE DATE 17 06,+ 7 9r 201 z 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 Arrow Insurance Mgt - Avon NHDHE Angie Kriedeman FAX 70 Benchmark Rd #103 IAie N, E,3l_9ia949ti511Q tAC,1a): 9ia949�3�6 P.O. Bol( 91 B E-MAIL Avon, CO B1620 ADDRE Angie Kriedeman MURER($)AFFORDING COVERAGE NAIC9 INSURER A: United Fire Group INSURED Double M Asphalt INSURER B: Michael Haase P.O. Bax 1956 IN$URERC: Edwards, CO 81632 INSURER D., INSURER E INSURER F : Ir171t1►1=1_TTO 113_ii1=1r17Ai=111"iIIIA1:1=1_ _73►ILS ral',ql,qlll,XT=13_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXP— LTR = W997 TYPE OF INSURANCE I D WVD POLICYNUMBER PWD dWY EFF M+DDIYYYOLICY P TRLpTi$ A x COMMERCIAL GENERAL LIABILITY ACCORDANCE WITH THE POLICY PROVISIONS. PO Bax 250 AUTHORIZED REPRESENTATIVE Eagle, CO 81631 EACH OCCURRENCE $ 1,000,000 . CLAIMS -MADE M OCCUR x x 60323045 05/12/2017 051121201$ DAMAGE TO PREIAL.5ES(EaccTED $ 100,000 MED EXP (Anyone person) $ 51000 PERSONAL& ADV INJURY $ 11000,000 _ GENERAL AGGREGATE $ 2,000,000 GE N'L AGG REGATE LIMIT APPLIES PER: x POLICY F--1PRO- JECT LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ OTHER.. AUTOMOBILE LIABILITY COM BIN E❑IN LE UMIT $1,000,000 A x ANY AUTO x x 60323045 05/1212017 051121201$ BODILY INJU RY (Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Peracrident) $ PR PERTY DAMA E HIRED AUTOS NON -OWNED AUTOS WBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ F1 - EXCESS UAB CLAIMS -MADE $ ❑ED I RETENTION $ WORKERSCOMPENSATIDN AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE PER H- A TE ER E.L. EACH ACCIDENT $ F--] OFFICERIMEMBER EXCLUDED? Ni (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS be law E.L. DISEASE -POLICY LIMIT $ DESCRIPTIDN OF OPE RATIO NSI LOCATIONS 1 VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached II mare space is required) Certificate Halder is listed as Additional Insured as respects of the commercial Auto and General Liability policy for ongoingGoperations. A Waivers of Subrogation in favor of certificate holder on eneral Liability and commercial auto policies. 111117113:illIdrllirif;:rall11;1: MOTA0 01A■W11ar.. EAGLECO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Eagle County ACCORDANCE WITH THE POLICY PROVISIONS. PO Bax 250 AUTHORIZED REPRESENTATIVE Eagle, CO 81631 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014,101) The ACORD name and logo are registered marks of ACORD DOUBMAS-01 MGARCIA ,4cQRo CERTIFICATE OF LIABILITY INSURANCE FDATE[MIYIDumvv) �� 06/16/2017 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 policyl;