No preview available
HomeMy WebLinkAboutC17-359 DBT Transportation Services LLCAGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN EAGLE COUNTY, COLORADO AND DBT TRANSPORTATION SERVICES LLC THIS AGREEMENT ("Agreement") is effective as of 10/24/2017 _ by and between DBT Transportation Services LLC, a Texas limited liability company (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to hire Contractor to install a U]KF/VHF radio system to include UHF transmitters to transmit both 13 5.57 5 MHz (ATIS) and 119.800 MHz (Local) between the Airport Traffic Control Tower (ATCT) and the Snow (SXW) VHF Omni Directional Radio Range (VOR) and VHF transmitters to transmit both 135.575 MHz (ATIS) and 119.800 MHz (Local) from the SXW VOR as outlined in Exhibit A (the "Project"). The Services shall be performed at both the Airport Traffic Control Tower located at 215 Airport Road, Gypsum, Colorado 81637 and the SXW VOR depicted in Exhibit B (the "Properties"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and installation services as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the procurement of equipment, materials and services. RTS)N a aLVA102Ni NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County 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 at both the Airport Traffic Control Tower (ATCT) located at 215 Airport Road, Gypsum, CO 81637 and the SXW VOR depicted in Exhibit B, 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 August 31, 2018 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, 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. C17-359 C. County shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon County's request and at no charge to County: i. take the Equipment back; ii, exchange the Equipment; or iii, repair the Equipment. 2. County's Representative. The Airport 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 1 1 hereof, shall continue in full force and effect through the 31" day of August, 201 S. 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 County for such additional services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the 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 $45,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for 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 County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the 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 County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. C. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local z Eagle County Procurment and Installation Final 5/14 Government Budget Law (C.R.S. 29 -t -1O1 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 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 $2,000,000 per occurrence and $2,000,000 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. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise 3 Eagle County Procurment and Installation Final 5114 available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. V. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. Further, Contractor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. 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. Well] L40Ira Eagle County Regional Airport Attention: Alex Everman 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3578 Facsimile: 970-328-2687 E -Mail: Alex.Everman@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 4 Eagle County Procurment and Installation Final 5114 Facsimile: 970-328-8699 E -Mail: atty@eaglecounty.us CONTRACTOR: DBT Transportation Services LLC Nancy Thomsen 2655 Crescent Drive, Suite A-1 Lafayette, CO 80026 Telephone: 970-237-352t Email: NThomsen@DBTTranServ.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 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. B. 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 1.21. 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 County 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 County 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 5 Eagle County Procurment and Installation Final 5/14 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. 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 one (t) year from the date the Work is accepted by County, or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than one ( t ) 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 County either by incorporation into the Property or upon receipt by Contractor of payment from County (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 County 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 County, and without interruption to County: 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 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 Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. 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. 6 Eagle County Procurment and Installation Final 5114 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 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 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 CRS. 5-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.RS. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E -Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: 7 Eagle County Procurment and Installation Final 5114 https://www.uscis.aov/e-verify C. Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. C. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 8 Eagle County Procurment and Installation Final 5114 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest: � y By: ------------- Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, B y and Through Its BOARD OF COUNTY COMMISSIONERS By: dillian H. Ryan, Chair CONTRACTOR: DBTT °° CES LLC �Cu2ty �ia�cQP,s2 By: ------------ Print Name: Title: Nancy Thomsen Executive Vice President 9 Eagle County Procurment and Installation Final 5114 SCOPE OF SERVICES AND EQUIPMENT, SCHEDULE, FEES 1� rnp r..•'nn,n, rnn tir �ev.r r . Alex Everman Eagle County Airport Phone 970-3213-3578 Fax Email: alrrx.eve..r nan.&aglecot nN.us Time of Doliverv; 6-3 Weeks ARO Terms of Deliverv: FCA - Lafeyette, CO Prices; Prices do not include taxes c duties 01107A7I0N No: 20180908-NJ7' DATE: SlJuli2017 t' ] Reference: ATIS Remote Repeater Contact Details: Nancy Thomsen Phone. 720.628.3542 Fax: 970.237.3541 E-mail: nthomsenodbttranserv.com Last Dav of Validity: 3D Days from quote Origination Terms of Payment -- Te rms ayment'Terms Based upon Credit Approval 4tv Part Number Description Unit Price Total Price ATCT LCL Frequency $30,669.20 $34),669.20 VHF 450 MHz Band Base Radio, Coaxial Cable and Antenna, Antenna 5urge 5uppress ion 11HF4S0 MHz Band Repeater Coaxial Cable and Antenna, Antenna Surge 5uppression VHF 119.800 MHz Transceiver Coaxial Cable and Antenna, Antenna 5urge Suppression Antenna Relay E & M Interface P awe r Su pp ly 2 hour Battery Backup FCC Licensing B Days Installation c' `00 $9,000.00 TOW $39,669.20 Total d�e$n't include taxes duties or freight OOT TransFartation Services ?655 Crescent drive, Suite A-1 Lafayelte, GO Sen26 Phone: 844-343-8328 — 844 3 GETGBT Fax'9701.237-3541 ~i.DBTTrar.8erv.cam 10 Eagle County Ptocurment and Installation Final 5114 EX]-UBIT B SCHEMATIC 1 DRAWING OF PROPERTY LOCATION 11 Eagle County Procurmcnt and In4allation Final 5114 EX-IIBIT C INSURANCE CERTIFICATES 12 Eagle County Procurment and Installation Final 5114 ,a CCW"® CERTIFICATE OF LIABILITY INSURANCE DaTE {Mr,�ODrrvvvl 1 9/28/2017 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 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rig hts to the certificate holder in lieu of such endorsement(s). PRODUCER Higginbotham Insurance Agency, Inc. 11700 Katy Freeway, Suite 1100N. Houston TX 77079 H MEAS Judy Hruska PHONE 713 439 521 5 FAX 713-952-9939 AODR,. Jhruska@higginbotham.net INSURER AFFORDfNG COVERAGE NAIL 9 MURERA:First Mercury Insurance Company 10657 INSURER B:Admiral Insurance Company 24858 INSURED DBTTR DBT T ran sp ort ati o n Services, LLC IN$URERC:Trumbull Insurance Company 27120 2655 Crescent Drive, Suite A-1 Lafayette CO 80026 INSURER D -Twin City Fire Insurance ComparlV 29459 MED EXP (Anyone ) $Excluded INSURER E INSURER F: COVFRAAFS r_FRTIFIr'-OTF NIIMRFR- 1680699263 RFVISIr]N NIIMRFR- 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. LTR TYPE OF ADUESUBR POLICY EFF I Y EXP LMATS LTR w D WVD POLICY NUMBER DDI MMIDDIYY B X COIUMERCIALGENERALL1ABRni1 CA00002509502 7/2912017 7/29/2018 EACH OCC URRENCE $1,000,00D CLAIMS -MADE FX OCCUR PR EMI ETO RENTED $100,000 MED EXP (Anyone ) $Excluded PERSONAL&ADV INJURY $1,000,000 GE NTAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JE 0 LOC PRODUCTS - COMPIOP AGG $2,000,000 OTHER.. $ C AUTOMOBILE LUIBILITY61 UENHFDD81 712912D1 7 712912D18 EaacBGde°t IN LE LIMIT $1 000 000 X1HIRANY AUTO ®CDILY INJURY [Per person] $ OWNED SCHEDULED AUTOS ONLY AUTOS 00DILY INJURY [ Per acrJdent] $ ED AUTOS ONLY ANON-OWNED ONY PROPERTY DAMAGE $ Per amdent A X LNBRELLA LIAB X OCCUR ILEXDDDDD74DR701 7/29/2017 7/29/2018 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCES$ LIA6 CLAIMS -MADE DED X RETENTION $10,000 $ D WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE 61WEAA51'CG 7/29/2017 7/29/2018 - EROTH- X PTA TUTET ER E.L. EACH ACCIDENT $1,000,000 OF FIC ERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS; LOCATIDNIS I VEHICLES {ACORD 101, Additional Remarks Schedule, may be a[La ched II more space Isregt*W) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Box 850 ACCORDANCE WITH THE POLICY PROVISIONS. Eagle CO 81631 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016,'03) The ACORD name and logo are registered marks of ACORD A�Q � AGENCY CUSTOMER ID: DBTTR LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 2 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED DBT Transportation Services, LLC 2655 Crescent Drive, Suite A-1 Lafayette CO 80026 POUCYNIUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic additional insured and provision that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a blanket waiver of subrogation provision to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a special endorsement with "Primary and Noncontributory" wording. The Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile Liability policy includes a blanket waiver of subrogation provision to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder when required by written contract. Workers Compensation - State and Carrier Information Arizona - Twin City Fire Insurance Company California - Property and Casualty Insurance Company of Hartford Delaware - Twin City Fire Insurance Company Colorado - Twin City Fire Insurance Company Georgia - Twin City Fire Insurance Company Iowa - Twin City Fire Insurance Company Louisiana - Twin City Fire Insurance Company Maryland - Twin City Fire Insurance Company Minnesota - Hartford Accident and Indemnity Insurance Company North Carolina - Hartford Underwriter Insurance Company Missouri - Hartford Underwriter Insurance Company Texas - Hartford Underwriter Insurance Company The Workers' Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The Workers' Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate h old er. The Excess Liability is follow form over the General Liability, Automobile Liability, and Workers' Compensation. Carriers List for Workers' Compensation Policy: GA Twin City Insurance Company CO Twin City Insurance Company DE Twin City Insurance Company MO Hartford Underwriters Insurance Company IA Twin City Insurance Company AZ Twin City Insurance Company MN Hartford Accident & Indemnity Company LA Twin City Insurance Company TX Hartford Underwriters Insurance Company MD Twin City Insurance Company GA Property and Casualty Ins. Company of Hartford INC Hartford Underwriters Insurance Company The General Liability policy includes an endorsement providing 30 days' notice of cancellation to the certificate holder except 10 days of nonpayment of premium. ACORD 101 (2008101) Q 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACQ AGENCY CUSTOMER ID: DBTTR LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED DBT Transportation Services, LLC 2655 Crescent Drive, Suite A-1 Lafayette CO 80026 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ACORD 101 (2008101) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,a CCW"® CERTIFICATE OF LIABILITY INSURANCE DaTE {Mr,� DDrrvvvl CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1 9/28/2017 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 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rig hts to the certificate holder in lieu of such endorsement(s). PRODUCER H MEAS Judly Hruska Higginbotham Insurance Agency, Inc. PHONE 713-349-5215 FAX 71�9r 9939 11700 Katy Freeway Suite 1100 E-MAIL ADDRESS,jhruska@higginbotham.net Houston TX 77079 INSURER AFFORDfNG COVERAGE NAIL 9 MED EXP (Anyone ) $5,050 INSURER A:Natl Union Fire Ins Co of Pitts PA 19445 INSURER a:Trumbull Insurance Company 27120 INSURED DBTTR DBT T ran sp ort ati o n Services. LLC IN$URERC:Twin City Fire Insurance Company 29459 2655 Crescent Drive, Stse A-1 Layfayette CO 80026 INSURER D: INSURER E INSURER F: COVFRAAFS r_FRTIFIr'-OTF NIIMRFR. 33 06 748 1 6 RFVISIr]N NIIMRFR- 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. IN$ DDL-SUBR POLICY EFF iLY EXP LTR TYPE OFINSURANCE wgD WVD POLICY NUMBER DDI MMIDDIYY QTS A X COMMERCIAL OENERALLIABILn91 AVD1543662102 712M17 7/29/2018 EACH OCC URRENCE $20,Op0,000 CLAIMS -MADE FX OCCUR PR EMI ETO RENTED $50,05D MED EXP (Anyone ) $5,050 PERSONAL&ADV INJURY $20,000,000 GE NTAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ X PRO - POLICY JECTPRO- LOC PRODUCTS - COMPIOP AGG $20,000,000 OTHER.. $ B AUTOMOBILE LIABILITY61 UENHFDD81 7l29l2D1 7 7l29/2D18 EaacgGde°t IN LE LIMIT $1 000 000 X1HIRANY AUTO ®ODILY INJURY [Per person] $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY [Per acpdent] $ ED NON-OWNEDPer AUTOS ONLY AUTOS ONLY PROPERTY DAMA E $ acddent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCES$ LIAB CLAIMS -MADE DED RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY R ANYPROPIETORIPARTNERIEXECUTIVE Y� 61WEAA51'CG 7/29/2017 7/29/2018 TH- X 7T -PER TE OER E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE$1,050,000 (Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $1,000,000 DESCRIPTION OF OPERATIONS; LOCATIONIS I VEHICLES {ACORD 101, Additional Remarks Schedule, may be a[La ched II more space Isregt*W) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Box 850 ACCORDANCE WITH THE POLICY PROVISIONS. Eagle CO 81631 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016,'03) The ACORD name and logo are registered marks of ACORD A�Q � AGENCY Higginbotham Insurance Agency, Inc. POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: DBTTR LOC #: ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED DBT Transportation Services, LLC 2655 Crescent Drive, Stse A-1 Layfayette CO 80026 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 The General Liability policy includes a blanket automatic additional insured and provision that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a blanket waiver of subrogation provision to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a special endorsement with "Primary and Noncontributory" wording. The Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile Liability policy includes a blanket waiver of subrogation provision to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder when required by written contract. Workers Compensation - State and Carrier Information Arizona - Twin City Fire Insurance Company California - Property and Casualty Insurance Company of Hartford Delaware - Twin City Fire Insurance Company Colorado - Twin City Fire Insurance Company Georgia - Twin City Fire Insurance Company Iowa - Twin City Fire Insurance Company Louisiana - Twin City Fire Insurance Company Maryland - Twin City Fire Insurance Company Minnesota - Hartford Accident and Indemnity Insurance Company North Carolina - Hartford Underwriter Insurance Company Missouri - Hartford Underwriter Insurance Company Texas - Hartford Underwriter Insurance Company The Workers' Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The Workers' Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate h old er. Carriers List for Workers' Compensation Policy: GA Twin City Insurance Company CO Twin City Insurance Company DE Twin City Insurance Company MO Hartford Underwriters Insurance Company IA Twin City Insurance Company AZ Twin City Insurance Company MN Hartford Accident & Indemnity Company LA Twin City Insurance Company TX Hartford Underwriters Insurance Company MD Twin City Insurance Company GA Property and Casualty Ins. Company of Hartford NG Hartford Underwriters Insurance Company The General Liability policy includes an endorsement providing 30 days' notice of cancellation to the certificate holder except 10 days of nonpayment of premium. ACORD 101 (2008101) Q 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACQ AGENCY CUSTOMER ID: DBTTR LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED DBT Transportation Services, LLC 2655 Crescent Drive, Stse A-1 Layfayette CO 80026 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ACORD 101 (2008101) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD