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HomeMy WebLinkAboutC15-118 Excavation Services, Inc. AgreementAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND EXCAVATION SERVICES, INC. FOR THE EL JEBEL ROAD AND BRIDGE FACILITY SEWER SERVICE INSTALLATION s bb THIS AGREEMENT ("Agreement") is effective as of the day of `V p .(�l 2011& and between � Excavation Services, Inc a Colorado Corporation (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). 13116 100 WHEREAS, Eagle County desires to install a new gravity sanitary sewer service for the existing El Jebel Road and Bridge Facility located at 880 JW Drive, El Jebel, Colorado (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof, and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Contractor's proposal dated February 20, 2015("Services" or "Work") which is attached hereto as Exhibit A and incorporated herein by reference. The Services shall be performed in accordance with County's Request for Proposals and the Addendum attached hereto as Exhibit B, and incorporated herein by this reference and with the provisions and conditions of this Agreement. Upon specific written authorization of the County Engineer detailing the work to be provided, Contractor shall proceed with Alternative #1 and/or Alternative #2 and/or "additional work" as set forth in Exhibit A. a. Contractor agrees to furnish the Services no later than May 8, 2015 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 or Exhibit B and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The Engineering Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. Prior to commencement of any additional services under Alternative #1, Alternative #2 or "allowances for additional work", Contractor shall first provide County with a written estimate for that additional work, including all labor, materials and without additional markup, which estimate shall be calculated in accordance with the fee and rate schedule provided in Exhibit A. Compensation for performance of the Services under this Agreement shall not exceed sixty thousand dollars ($60,000) without a duly authorized signed written amendment to this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. C. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 2 Eagle County General Services Final 5/14 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 $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. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. Contractor is not entitled to workers' compensation benefits except as 3 Eagle County General Services Final 5/14 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. 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. Eagle County, Colorado Attention: Greg Schroeder 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3567 Facsimile: 970-328-8789 E -Mail: greg.schroeder@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: Excavation Services, Inc. Attention: Troy Buster 4 Eagle County General Services Final 5/14 PO Box 1159 Carbondale, CO, 81623 Telephone: 970-963-8355 Facsimile: 970-963-4336 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. 13. Execution by Counterparts: Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. 5 Eagle County General Services Final 5/14 f Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. in. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.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 C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: 6 Eagle County General Services Final 5/14 Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E -Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http://www.dhs.gov/xprevl2rot/projzrams/Qc 1185221678150.shtm C. Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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] 7 Eagle County General Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMIS ONERS Kath handler -Henry, Chairman N � Attest: o0 By: Teak J. Simonton, Clerk to the Board CONTRACTOR: Digitally signed by Troy Buster Troy Buster DN 11-,,y BUAer, o= cavation5 rvices, ou, mail=hoy@excavationservices.bi; c=US By; Dme: zou Dais iB:iva i us a Print Name: Troy Buster Title: President s Eagle County General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES Eagle County General Services Final 5/14 Exhibit A - Scope of Services - Page 1 of 3 EXCAVATION SERVICES INC. PO Box 1159 CARBONDALE, CO. 81623 PHONE 970-963-8355, FAX 970-963-4336 CONTRACT DATE 111512014 REVISED 2-20-2015 CONTRACTING PARTY Eagle County Engineering Attention : Greg Schroeder PO Box 850 500 Broadway Eagle Co 81631 970-328-3567 Greg. schroeder@eaglecounty. us ADDRESS OF PROPERTY.• El Jebel Road and Bridge Facility 880 JW Drive El Jebel CO. DESCRIPTION OF WORK TO BE DONE: We are pleased to submit the following bid for the work at the site listed above. Bid based on drawings by Eagle County dated 10/30/2014, revised drawings dated 10/30/2014 with revision #2 dated 11/4/2014 and mandatory site visit on 11/5/2014. Bid is to install 156 feet of 6 inch PVC sewer service and restore all surfaces to original condition. This work shall commence April 15TH 2015 and be completed by May 8TH 2015 ( due to asphalt plants not opening until May 1St), with the exception of weather conditions/delays. We do not believe directional boring will work due to the soil conditions as described in the soils report by HP Geotech dated 6/19/2007. Mobilization. $ 1,250.00 ( Move equipment in & out as needed to complete work.) Install sewer line. $ 22,520.00 ( Supply and install 156 feet of 6 inch SDR 35 PVC from pump vault to existing sewer wye. Includes bedding, backfill, compaction, cleanout and tracer wire, core drilling into pump vault and link seals.) Traffic Control $ 4,200.00 ( Provide traffic control plan, barricades and flaggers as needed for crossing JW Drive. JW Drive top maintain one lane of traffic at all times. We will try to maintain two lanes at all times.) Exhibit A - Scope of Services - Page 2 of 3 Abandon existing system. $ 2,200.00 ( remove pumps, wires and electrical service to pump vault. Plug and abandon in place existing 2 inch force main.) Resurface all disturbed areas. $ 19,500.00 ( Replace1300 square feet of asphalt at a depth of 5 inches in bike path and parking lot, 6 inch depth in JW Drive. Replace concrete sidewalk where trenching occurred. Supply and install topsoil on all other disturbed areas and hydro seed with tackifier using Eagle County approved seed mix. Replant existing shrubs.) Performance/Maintenance Bonds. BID TOTAL. $ 970.00 $ 50,640.00 Alternative #1: TV Camera services. $ 300.00 per each Abandon existing pump vault, backfill and compact hole with structural fill. $ 3,800.00 Lump Sum Install additional 30 feet of 4 inch PVC sewer pipe from pump vault to foundation wall of shop. $ 2,500.00 Lump Sum Remove and replace 27 Square yards of sidewalk for additional sewer line. Based on 4 inch depth with 6x6 WWM. $ 76.00 SY. Alternative #2: Utilize existing sleeve under JW Drive for sewer service. Deduct $ 9,170.00 from base bid. Allowances for additional work per prior approval by owner: Rock excavation $ 185.00 per CY Soils, compaction testing for job $ 1,300.00 Lump Sum. Snow removal $ 150.00 per hour Winter protection ( Provide blankets for concrete if requested) $ 100.00 per day Surveyed As- builts by Sopris Engineering. $ 1,625.00 Lump Sum Dewatering ( provide 2 inch up to 6 inch pump if required) $ 195.00 per day Acquire permit to construct in the public right of way ( Fees paid by Eagle County) Rock Clause: Blasting or splitting of rocks encountered, and special rock handling, including rocks in excess of 2.5 cubic yards or ledges 4 inches or more, shall be charged on a cost plus basis. Exhibit A - Scope of Services - Page 3 of 3 Underground Utilities: Excavation Services is not responsible for the cost of any repairs to private utility lines not shown or located by owner or contracting party. RFP AND ADDENDUM io Eagle County General Services Final 5/14 ENGINEERING DEPARTMENT (970)328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us October 31, 2014 Exhibit B - RFP and Addendum - Page 1 of 19 EAGLE COUNTY Request for Proposal for Sanitary Sewer Service Installation at the El Jebel Road and Bridge, 880 JW Drive, El Jebel, CO EVA WILSON County Engineer Description/Purpose for Project: In 2008, Eagle County constructed the El Jebel Road and Bridge facility in El Jebel. At that time, the closest sanitary sewer connection was a manhole that is located approximately 350' to the east. A vault and sewer grinder pump with a force main was installed to provide sewer service for the building. In 2013, the Mid Valley Metropolitan District (MVMD) extended a new 10" sewer line from the Blue Lake Subdivision along the north side of JW Drive to El Jebel Road. This MVMD extension tied into the Crawford sewer system, consolidating their sewer network with MVMD's collection system. The county desires to abandon the sewer pump system and construct a gravity sewer service line connecting into the newly installed 10" sewer. Installation involves a 156LF 6" SDR35 PVC Sewer Service that will connect to the existing sewer vault, and run north across the existing parking lot, bike path, and JW drive to an existing 10"x6" Wye in the sewer line that was installed in 2013 for anticipation of the county connection. The county encourages the use of horizontal directional drilling techniques or other non- invasive methods to minimize the amount of surface disturbance. Scope of Work: 1. Install new 6" SDR -35 Sanitary Sewer Service into the recently installed Sewer located on the north side of JW Drive. 2. Utilize methods of horizontal directional drilling, if feasible, to minimize the amount of open cut trenching necessary. 3. Replacement of site to pre-existing conditions due to any construction disturbance. 4. Removal of existing submersible sewer grinder pumps and appurtenances. Estimated Quantities: contractor must verify all quantities: 1. 6" SDR35 Sewer Service — 156LF. 2. Removal and replacement of sitework as necessary. Work Schedule: 1. Access to all facilities must be maintained at all times. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Exhibit B - RFP and Addendum - Page 2 of 19 Proposal Must Include: 1. Project Cost. 2. Earliest Start Date. 3. Estimated Performance Period. Mandatory Site Visit: 1. Location: El Jebel Road and Bridge Facility, 880 JW Drive (1/4 mile west of JW Drive/El Jebel Road intersection) 2. Date and time: November 5, 2014, 3:OOpm Proposal Due: 1. November 10, 2014, 12:OOpm 2. E-mail Proposals are acceptable 3. Point of Contact: Greg Schroeder, Senior Staff Engineer, greg.schroederkeaglecount .esus Direct Phone #: 970-328-3567 PO Box 850 500 Broadway Eagle, CO 81631 Note: Eagle County reserves the right in its sole discretion to waive irregularities or informalities, reject all or any portions of any or all proposals, value engineer or otherwise negotiate different terms than bid upon, re -advertise or to proceed to provide the services otherwise in the best interest of Eagle County. By submitting a bid, each proposer acknowledges the above and waives any claims against Eagle County regarding this bid process. Attachments: Plan and Profile Drawing (1 sheet, 11 "x 17") Soils Report from 2008 El Jebel Road and Bridge Facility (12 pages) Page 2 of 4 Exhibit B - RFP and Addendum - Page 4 of 19 Site Photograph: Page 4 of 4 W p Wo 0 0 Z W 3(� o V pi < p(oJF o Z o J> W m0 Z 0I3 < JZ O - I UUOff � W � VIU� U W U D W NWpa = Z¢ ¢NW� W O a C y Z K K Q d U O O m IW` }� x -x E _Z W gU < O W m O nw U p L S C' Z z V W W Y o y r O �D > Tz W w 2 W O_ z d N O W x ¢ <dJ a 9< 0' Z- vi o w x C MMM- a aa���CIL w fro Uc�w claw o wagZ o o L c2�� w��a> z� oc�z -Wi�W'nOr�<o7d}} Q�WaFZyc�. 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Xr� OC X U W Li =3 Li > r a^D °3o0M00 �� w 39 N w� II O C7 r Z 1 � l4J z J rn Z W - M- cn C) O W C7 Z f rZ W X Z O N W O ZQ N W i Od A-WM301S Z U Z w s-'gas—ss ss——ss=ss- zOr tzI--� iD JJ N zNy z oam z �ii34a F Fp I +ate.. Xr� OC X U W Li =3 Li (D t E z' > r a^D °3o0M00 Ob Ob / w Z / N ^ Q W 0 W d li Hwa � U I I>>I ¢ > vNJ + Od 0Z W} W La- O F 3 ¢ I z 3 M X w 1 W O W N r Z� i hhX N W � O ¢ w Y j M a M 1 CD qN G7 z w F wo z �n GO ui Z CL FN ciw w �> O N N O w I G M o v ¢ m / w vri a 1 (D t E z' 0 0 CD 0 0 0 > r a^D °3o0M00 Ob Ob O Cl) N O tO O O 5 W 0 W d li o + 0 0 CD 0 0 0 G VM*4�p " ' fAgech HEPWORTH-PAWLAK GEOTECHNICAL Exhibit B - RFP and Addendum - Page 6 of 19 1-lepworch-Pawlal; Geotechnical, Inc. 5020 County Road 154 GlemeooJ Springs, Colorado 81601 P11one: 970-945-7465 Fax: 970-945-8454 email: hpgeoQhpreorech.com SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED ROAD AND BRIDGE SHOP BUILDING 900 J.W. DRIVE EL JEBEL, EAGLE COUNTY, COLORADO JOB NO. 107 0279 JUNE 19, 2007 PREPARED FOR: EAGLE COUNTY FACILITIES MANAGEMENT ATTN: RICK ULLOM P.O. BOX 850 EAGLE, COLORADO 81631-0850 Parker 303-841- 71.19 a Colorado Springs 719-633-5562 e Silverchome 970-465-1989 Exhibit B - RFP and Addendum - Page 7 of 19 TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDi........................................................................... - I - PROPOSED CONSTRUCTION.................................................. - SITE CONDITIONS ............................................................. 2 - FIELD -FIELD EXPLORATION....................................................................•--------•. - 7 - SUBSURFACE - SUBSURFACE CONDITIONS...................................................... - 2 - DESIGN RECOMMENDATIONS .................... - - FOUNDATIONS.......................................................................................................... 3 - FLOORSLABS.................................................................................................... ... 4 - SURFACE -SURFACE DRAINAGE5- PAVEMENT SECTION ......................... S LIMITATIONS................................................................................................................ 6 - FIGURE -FIGURE l - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - GRADATION TEST RESULTS Exhibit B - RFP and Addendum - Page 8 of 19 PURPOSE AND SCOPE OF STUDY This report presents the results of a subsoil study for a proposed shop building to be located at 900 J.W. Drive, El Jebel, Eagle County, Colorado. The project site is shown on Figure 1. The purpose of the study was to develop recommendations for the foundation design. The study was conducted in accordance with our agreement for geotechnical engineering services to Eagle County Facilities Management dated April 25, 2007. A field exploration program consisting of exploratory borings was conducted to obtain information on the subsurface conditions. Samples of the subsoils obtained during the field exploration were tested in the laboratory to determine their classification and other engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the proposed building foundation. This report summarizes the data obtained during this study and presents our conclusions, design recommendations and other geotechnical engineering considerations based on the proposed construction and the subsurface conditions encountered. PROPOSED CONSTRUCTION The proposed shop building will be a tall one story steel frame structure with offices at the north end. Ground floor will be slab -on -grade. An open wash bay will be located at the south end of the shop and a salt and sand storage structure will be located about 100 feet south of the shop. Grading for the structures is assumed to be relatively minor with cut depths between about 3 to 5 feet. We assume relatively light to moderate foundation loadings, typical of the proposed type of construction. If building loadings, location or grading plans change significantly from those described above, we should be notified tore -evaluate the recommendations contained in this report. JOb No. IV 10279 G( 7tech Exhibit B - RFP and Addendum - Page 9 of 19 -2- SITE CONDITIONS The northeast part of the lot is a gravel parking lot currently being used by Eagle County for equipment and gravel storage. The rest of the lot is irrigated pasture and is vegetated with grass and weeds. The lot is relatively flat and is gently sloping down to the northwest. A partially filled-in irrigation ditch crosses through the building area from southeast to northwest. FIELD EXPLORATION The field exploration for the project was conducted on May 16, 2007. Four exploratory borings were drilled at the locations shown on Figure 1 to evaluate the subsurface conditions. The borings were advanced with 4 inch diameter continuous flight augers powered by a truck -mounted CME -45B drill rig. The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Samples of the subsoils were taken with a 1% inch I.D. spoon sampler. The sampler was driven into the subsoils at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Figure 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2. 171e subsoils typically consist of a minor amount of fill or topsoil overlying relatively dense, slightly silty sandy gravel with cobbles and boulders. Drilling in the dense Job No. 107 0279 Exhibit B - RFP and Addendum - Page 10 of 19 -3- granular soils with auger equipment was difficult due to the cobbles and boulders and drilling refusal was encountered in the deposit. Laboratory testing performed on samples obtained from the borings included natural moisture content and gradation analyses. Results of a gradation analysis performed on a small diameter drive sample (minus P/z inch fraction) of the coarse granular subsoils are shown on Figure 3. No free water was encountered in the borings at the time of drilling and the subsoils were slightly moist. DESIGN F -ECO E"DAAPIDONS FOUNDATIONS Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the building be founded with spread footings bearing on the natural granular soils. The design and construction criteria presented below should be observed for a spread footing foundation system. 1) Footings placed on the undisturbed natural granular soils should be designed for an allowable bearing pressure of 4,000 psf. Based on experience, we expect settlement of footings designed and constructed as discussed in this section will be about l inch or less. 2) The footings should have a minimum width of 16 inches for continuous walls and 2 feet for isolated pads. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protection. Placement of foundations at least 36 inches below exterior grade is typically used in this area. Job No. 107 0279 GaGtech Exhibit B - RFP and Addendum - Page 11 of 19 -4- 4) Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should also be designed to resist a lateral earth pressure corresponding to an equivalent fluid unit weight of at least 45 pcf for backfill consisting of the on-site granular soils. An underdrain system should not be needed for the proposed shallow excavations and slab -at grade construction. 5) All existing fill, topsoil and any loose or disturbed soils should be removed and the footing bearing level extended down to the relatively dense natural granular soils. The exposed soils in footing area should then be moistened and compacted. 6) A representative of the geotechnical engineer should observe all footing excavations prior to concrete placement to evaluate bearing conditions. FLOOR SLABS The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab - on -grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. FIoor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free -draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with at least 50% retained on the No. 4 sieve and less than 2% passing the No. 200 sieve. All fill materials for'support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site granular soils devoid of vegetation, topsoil and oversized rock. Job No. 1070279 H&ech Exhibit B - RFP and Addendum - Page 12 of 19 -5- SURFACE DRARNAGE The following drainage precautions should be observed during construction and maintained at all times after the shop building has been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away fro��� the foundation in all directions. We recommend a minimum slope of 6 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in paved areas. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. PAVEMENT SECTION We understand asphalt pavement is proposed for interior drives and parking areas. Traffic loadings were not provided. The subgrade soils encountered at the site typically consist of sandy gravel with cobbles which are considered relatively good for support for pavement sections. Imported fill may be needed for the drive and parking lot construction. The import soil should be a sand and gravel soil with a minimum I-Iveem stabilometer `R' value of 50. Based on our experience, an 18 kip EDLA of 20, a Regional Factor of 2.0 and a serviceability index of 2.0, we recommend the minimum pavement section thickness consist of 4 inches of asphalt on 4 inches of base course. The asphalt should be a batched hot mix, approved by the engineer and placed and compacted to the project specifications. The base course should meet CDOT CIass 6 specifications. All base course and required subgrade fill should be compacted to at least Job No, 107 0279 - Exhibit B - RFP and Addendum - Page 13 of 19 -6- 95% of the maximum standard Proctor density at a moisture content within 2% of optimum. Required fill to establish design subgrade level can consist of the on-site soils or suitable imported granular soils approved by the geotechnical engineer. Prior to fill placement the subgrade should be scarified to a depth of 8 inches, adjusted to near optimum moisture and compacted to at least 95% of standard Proctor density. In soft or wet areas, the subgrade may require drying or stabilization prior to fill placement. A geogrid and/or subexcavation and replacement with aggregate base soils may be needed for the stabilization. The subgrade should be proofrolled. Areas that deflect excessively should be corrected before placing pavement materials. The subgrade improvements and placement and compaction of base and asphalt materials should be monitored on a regular basis by a representative of the geoteclinical engineer. Once traffic loadings are better known, we should review our pavement section recommendations. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Figure 1, the proposed type of construction and our experience in the area. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special Feld of practice should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made. Job No. 107 0279 GEc�t@ch Exhibit B - RFP and Addendum - Page 14 of 19 -7- This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the .recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, IIEPWORTN - PAWLAK s Daniel E. Hardin, P.1 Reviewed by: Trevor L. Knell, P.E. DEH/cay CAL, INC. 24443 ; r 5 cc: Sopris Architecture — Attn: David Koenck .lob No. 107 0279 G(�'rtech w cr0 Exhibit B - RFP and Addendum - Page 15 of 19 APPROXIMATE SCALE 1"=60' I EXISTING I "QUICK LUBE" I FACILITY I I I I BENCH MARK: GROUND SURFACE AT ( FENCE CORNER; ELEV, = 64772, ASSUMED. I I ! I ! ABANDONED / I IRRIGATION PROPOSED ! DITCH SALT AND SAND i STORAGE ! j I BORING 2 I • BORING 3 I ! cn PROPOSED BORING 4 I I v BUILDING • ! u SHOP I I o 1 I / ! !• / ! BORING 1 I OPEN WASH BAY BUILDING SETBACK --� ( ! ( I ! � I � I �-_ z --------------- ------J 1.07,0279 LOCATION OF EXPLORATORY BORINGS Figure 1 . _ HFPWnr WPAWI sir GrrrrrI. -A. .. ..... .. , .. ,�,..-.... .. LEGEND: L-0 GRAVEL (GM -GP); sandy, (six inches of organic sandy silt topsoil overlying gravel at Boring 4), slightly silty with cobbles and boulders, dense, slightly moist, light brown. 6 Drive sample; standard penetration test (SPT), 1 3/8 inch I.D. split spoon sample, ASTM D-1586. 95/12 Drive sample blow count; indicates that 95 blows of a 140 pound hammer falling 30 inches were required to drive the California or SPT sampler 12 inches. TPractical drilling refusal. Where shown above the bottom of the log indicates multiple attempts were made to advance the boring. NOTES: 1. Exploratory borings were drilled on May 16, 2007 with 4 -inch diameter continuous flight power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were measured by instrument level and refer to the Bench Mark shown on Figure 1. Logs are drawn to depth. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. No free water was encountered in the borings at the time of drilling. Fluctuation in water level may occur with time. 6. Laboratory Testing Results: WC = Water Content (%) +4 = Percent retained on the No. 4 sieve -200 = Percent passing No. 200 sieve 107 0279 1 1 •_„--��j- LOGS OF EXPLORATORY BORINGS _ ._Figure 2 Exhibit B - RFP and Addendum - Page 16 of 19 BORING 1 BORING 2 BORING 3 BORING 4 ELEV.= 6471.2' ELEV.= 6473.1' ELEV.= 6475.5' ELEV.= 6475.6' 0 0 ;o• ao• ;a ;a 10/6,17/2 8/6,50/3 �• 10/6,20/3 17/6,1010 • 4' .4' 44/6,15/3 •4' 4' 5 95/12 ; °P :. 49/12 ea' 15/5 5 CL �:• WC = 2.2 m •:. 0- +4 +4 = 39 D -200 = 13 10 10 LEGEND: L-0 GRAVEL (GM -GP); sandy, (six inches of organic sandy silt topsoil overlying gravel at Boring 4), slightly silty with cobbles and boulders, dense, slightly moist, light brown. 6 Drive sample; standard penetration test (SPT), 1 3/8 inch I.D. split spoon sample, ASTM D-1586. 95/12 Drive sample blow count; indicates that 95 blows of a 140 pound hammer falling 30 inches were required to drive the California or SPT sampler 12 inches. TPractical drilling refusal. Where shown above the bottom of the log indicates multiple attempts were made to advance the boring. NOTES: 1. Exploratory borings were drilled on May 16, 2007 with 4 -inch diameter continuous flight power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were measured by instrument level and refer to the Bench Mark shown on Figure 1. Logs are drawn to depth. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. No free water was encountered in the borings at the time of drilling. Fluctuation in water level may occur with time. 6. Laboratory Testing Results: WC = Water Content (%) +4 = Percent retained on the No. 4 sieve -200 = Percent passing No. 200 sieve 107 0279 1 1 •_„--��j- LOGS OF EXPLORATORY BORINGS _ ._Figure 2 �'u ENGINEERING DEPARTMENT (970)328-3560 FAX: (970) 328-8789 TDD: (970) 328-8797 www.eaglecounty.us Tuesday, November 04, 2014 Exhibit B - RFP and Addendum - Page 18 of 19 EAGLE COUNTY Addendum #1 for Sanitary Sewer Service Installation at the El Jebel Road and Bridge, 880 JW Drive, El Jebel, CO EVA WILSON County Engineer 1. Replace the original drawing dated 10/30/14 with the attached drawing with Revision #2 dated 11/04/14. Attachments: Plan and Profile Drawing, dated 11/04/14, Revision #2 "Added Cleanout and Tracer" (1 sheet, 11 "x 17") Eagle County Building, 500 Broadway, P.O. 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FjYplp��i�ri^m`J`m>^ 1� 4^ t2` O O> 3 p 2= O E y W N o r W C 7 = m j�K�l1 iO W yj� W 2Q1� Z� < WJ m W 3 _Z m J J V r p W Z N w W O rn 1- m Z N O w p y a y Z W N Z G m W O o�opa��°�op�al �Nzp0r1mo ONwoaG Ga oW�dFUw�oF7ap �O W Qw w O�a�N NO jV zinc vpi ae��am N � o �m 0 t 0 N N lo.. alzlI'l°I 0 0 O O N O w / / _ M O CC O N W cV aDOf O C.D l ~Nw I EL F N a n d W O 3 I =� N iI w I ao � w I Ln�N I x Q / X�<NNy W v I Y m \ O O I I � 1 I / l Ww Z N I I w Z p I < Z N N a I a =D CC I Ow. r ZN FQw X IFp I N W W Wal I o l I pw Q W ::3 Q z O F Q W N 0 t 0 N N lo.. alzlI'l°I 0 0 O O N O EXHIBIT C INSURANCE CERTIFICATE 11 Eagle County General Services Final 5/14 Client#: 123526 EXCASERV2 AcbRDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) TYPE OF INSURANCE 3/16/2015 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(les) 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 NAME: Anita Keller HUB International Ins Svcs IncP HONE 970 254-3306 FAx 866 243-0727 A/C No Ext): A/C No 2742 Crossroads Blvd E'MAILss: anita.keller@hubinternational.com Grand Junction, CO 81506 MED EXP (Any one person) s5,000 888 245-8011 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Employers Mutual Casualty Compa 21415 PRODUCTS - COMP/OP AGG $ 2,000,000 INSURED INSURER B: Pinnacol Assurance Company 41190 Excavation Services Inc LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS PO Box 1159 INSURER C : 4X9108215 Carbondale, CO 81623 INSURER D: COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ INSURER E: PROPERTY DAMAGE $ Per accident INSURER F: CA Resident License #0757776 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 INSURANCE NSRLSUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X PD Ded:1,000 X X 4X9108215 5/02/2014 05/02/2015 EACH OCCURRENCE $1 000 000 TE D DAMAGE TO RENPREMISES Ea occurrence $1 OO OOO MED EXP (Any one person) s5,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS X X 4X9108215 5/02/2014 05/02/201 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS MADE. 4X9108215 5/02/2014 05/02/2015 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 DED I X RETENTION $10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X 4071488 7/01/2014 07/01/201 X is I OTH- I ER E.L. EACH ACCIDENT $1 000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: EI Jebel Road & Bridge Facility Sewer Service Installation. Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are named as additional insureds with respect to general liability and auto liability. Coverage is primary and non-contributory. Waiver of subrogation is included for general liability, auto liability and workers compensation. Eagle County PO Box 850 500 Broadway Eagle, CO 81631-0850 ACORD 25 (2010/05) 1 of 1 �iS33G9RdR/M9QSR937 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -a ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD oKA1 COMMERCIAL GENERAL LIASILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - CONSTRUCTION CONTRACTS INCLUDING COMPLETED OPERATIONS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization Is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; 2. The acts or omissions of those acting on your behalf; in the performance of: a. your ongoing operations for the additional insured; or b. "Your work" for the additional Insured and included in the "products — completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily Injury," "property damage" and "personal and advertising Injury" arising out of the rendering of, or failure to render, any professional, architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. C. The limits of insurance applicable to the additional insured are those specified in the Declarations of this policy or in the written contract or written agreement, whichever is lower. D. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether that insurance is primary, excess, contingent or on any other basis, unless you and the additional insured have specifically agreed in a written contract or written agreement that this Insurance be primary. When coverage is provided on a primary basis we will not seek contribution from any other insurance available to the additional insured if a written contract or written agreement requires that this insurance be noncontributory. E. All other terms and conditions of this policy remain unchanged. CG7174.3(1.08) Includes copyrighted material of ISO Properties, Inc. with Its permission. Page 1 of I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". CG7555(11-04) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT — AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Form CG7429 (Ed. 11-98) Copyright, Insurance Services Office, Inc., 1984 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE AMENDMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL (1) Coverage under this provision is afforded DAMAGE only up to 180 days after you acquire or SECTION I — COVERED AUTOS paragraph C. form the organization, or to the end of the Certain Trailers, Mobile Equipment, and policy period, whichever is earlier. Temporary Substitute Autos is amended by (2) Any organization you acquire or form will adding the following: not be considered an "insured" if: If PHYSICAL DAMAGE COVERAGE is provided by this coverage form for an "auto" you own, the Physical Damage Coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of breakdown, repair, servicing, "loss" or destruction. The coverage provided is the same as the coverage provided for the vehicle being replaced. B. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, A.I. Who Is An Insured is amended by adding the following: Any person or organization who is a party to a written agreement or contract with you in which you agree to provide the type of insurance afforded under this Business Auto Coverage Form. This provision applies to claims for "bodily injury" or "property damage" which occur after the execution of any written agreement or contract. C. EMPLOYEES AS INSUREDS The following is added to the Section II — LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. NEWLY FORMED OR ACQUIRED ORGANIZATIONS (a) The organization is a partnership or a joint venture; or (b) That organization is covered under other similar insurance. (3) Coverage under this provision does not apply to any claim for "bodily injury" or "property damage" resulting from an "accident" that occurred before you formed or acquired the organization. E. SUBSIDIARIES AS INSUREDS SECTION II — LIABILITY COVERAGE, A.1. Who Is An Insured is amended by adding the following: Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, "insured" does not include any subsidiary that is an "insured" under any other automobile liability policy or was an "insured" under such a policy but for termination of that policy or the exhaustion of the policy's limits of liability. F. COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A.2.a. Coverage Extensions, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. SECTION 11 — LIABILITY COVERAGE, A.1. Who 4 Is An Insured is amended by adding the following: () All reasonable expenses incurred by the An organization which you acquire or form after "insured" at our request, including actual loss of Y 9 Y q earnings up to $500 a day because of time off the effective date of this policy in which you from work. maintain ownership or majority interest. However: CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 5 G. FELLOW EMPLOYEE COVERAGE In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by workers compensation exclusivity rule, or similar protection. The following provision is added: Subparagraph 5. of paragraph B. Exclusions in SECTION II LIABILITY COVERAGE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. H. PHYSICAL DAMAGE — TOWING SECTION III — PHYSICAL DAMAGE COVERAGE, A.2. Towing is replaced with the following: We will pay for towing and labor costs incurred, subject to the following: a. Up to $100 each time a covered "auto" of the private passenger type is disabled; or b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. However, the labor must be performed at the place of disablement. I. LOCKSMITH SERVICES SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. J. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions subparagraph a. Transportation Expenses is replaced by the following: (1) We will pay up to $75 per day to a maximum of $2,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss." (2) If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like kind and quality as the stolen covered "auto." K. AUDIO, VIDEO, AND DATA ELECTRONIC EQUIPMENT COVERAGE The following is added to Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE 1. We will pay with respect to a covered "auto" "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in or upon the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in or upon the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". We will pay with respect to a covered "auto" "loss" to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. 2. In addition to the following exclusion, the exclusions that apply to PHYSICAL DAMAGE COVERAGE also apply to the coverage provided by this extension, except for the exclusion relating to audio, visual and data electronic equipment. We will not pay, under this endorsement, for either any electronic equipment or accessories used with such electronic equipment that is: a. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or b. Both: (1) An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and (2) Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. 3. With respect to coverage under this extension of coverage, the following is added to the Limit Of Insurance provision of SECTION III PHYSICAL DAMAGE COVERAGE. a. The most we will pay for all "loss" for any electronic equipment that reproduces, receives, or transmits audio, visual or data signals and any accessories used with this equipment as a result of any one "accident" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 5 (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind or quality, subject to a limit of $5,000. A $250 deductible will apply. L. HIRED AUTO PHYSICAL DAMAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: (1) The most we will pay for loss to any hired "auto" is the lesser of Actual Cash Value or Cost of Repair, minus the deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. (3) Subject to the above limit and deductible provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. (4) The insurance provided under this provision is excess over any other collectible insurance We will pay up to $1,000, in addition to the limit above, for loss of use of a hired auto to a leasing or rental concern for a monetary loss sustained, provided it results from an "accident" for which you are legally liable. M. AUTO LOAN OR LEASE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE paragraph A.4. Coverage Extensions is amended by the addition of the following: In the event of a total "loss" to a covered "auto" which is covered under this policy for Comprehensive, Specified Cause of Loss, or Collision coverage, we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties, on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. PERSONAL PROPERTY OF OTHERS SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. O. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for "loss" to your personal effects not otherwise covered in the policy or, if you are an individual, the personal effects of a family member, that is in the covered auto at the time of the "loss". For the purposes of this extension personal effects means tangible property that is worn or carried by an insured including portable audio, video, or electronic devices. Personal effects does not include tools, jewelry, guns, money and securities, or musical instruments P. EXTRA EXPENSE FOR STOLEN AUTO SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: We will pay up to $1,000 for the expense incurred returning a stolen covered "auto" to you because of the total theft of such covered "auto". Coverage applies only to those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. Q. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: 1. This coverage applies only to a covered "auto" for which PHYSICAL DAMAGE COVERAGE is provided on this policy. 2. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 5 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days. a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. $75 per day, subject to a $2,250 limit. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage — Transportation Expense Coverage Extension included in this endorsement. 7. Coverage provided by this extension is excess over any other collectible insurance and/or endorsement to this policy. R. AIRBAG COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B.3.a. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. S. NEW VEHICLE REPLACEMENT COST The following is added to Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE In the event of a total loss to your "new covered auto" of the private passenger type or vehicle having a gross vehicle weight of 20,000 pounds or less, to which this coverage applies, we will pay at your option: a. The verifiable new vehicle purchase price you paid for your damaged vehicle, not including any insurance or warranties. b. The purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment, or most similar model available, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. c. The market value of your damaged vehicle, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. We will not pay for initiation or set up costs associated with a loans or leases. For the purposes of this coverage extension a "new covered auto" is defined as an "auto" of which you are the original owner that has not been previously titled which you purchased less than 180 days prior to the date of loss. T. LOSS TO TWO OR MORE COVERED AUTOS FROM ONE ACCIDENT SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: If a Comprehensive, Specified Causes of Loss or Collision Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident". This provision only applies if you carry Comprehensive, Collision or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. U. WAIVER OF DEDUCTIBLE — GLASS REPAIR OR REPLACEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: If a Comprehensive Coverage deductible is shown in the Declarations it does not apply to the cost of repairing or replacing damaged glass. V. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, A.2. Duties in the Event of Accident, Claim, Suit or Loss is amended by adding the following: d. Your obligation to notify us promptly of an "accident," claim, "suit" or "loss" is satisfied if you send us the required notice as soon as practicable after your Insurance Administrator or anyone else designated by you to be responsible for insurance matters is notified, or in any manner made aware, of an "accident," claim, "suit" or "loss." W. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY Subparagraph 5. of paragraph A. Loss Conditions of SECTION IV BUSINESS AUTO CONDITIONS is deleted in its entirety and replaced with the following. 5. Transfer of Rights of Recovery Against Others to Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 5 However, we waive any right of recovery we may have against any person, or organization with whom you have a written contract, agreement or permit executed prior to the "loss" that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. X. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES SECTION IV — BUSINESS AUTO CONDITIONS, B.2. Concealment, Misrepresentation, or Fraud is amended by adding the following: If you unintentionally fail to disclose any exposures existing at the inception date of this policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Y. MENTAL ANGUISH SECTION V — DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. Z. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 5 P/1VNAA COL 7501 E Lowry Blvd ASSURANCE Denver, CO 80230-7006 303-361-4000 / 800-873-7242 www.pinnaeol.com NCCI #: WC000313B Hub International Insurance Service 1125 17th Street Ste. 900 Denver, CO 80202-4364 (888) 795-0300 ENDORSEMENT, Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss.