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HomeMy WebLinkAboutC20-066 Daly Property SevicesAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND DALY PROPERTY SERVICES, INC. THIS AGREEMENT (“Agreement”) is effective as of __________________________, by and between Daly Property Services, Inc., a Colorado corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desires to utilize Contractor for landscape services (the “Project”) at the El Jebel Community Center located at 0020 Eagle Co. Rd. and the Road & Bridge Facility located at 1050 JW Drive, El Jebel, Colorado, 81628 (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 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 Exhibit A (“Services” or “Work”) which is attached hereto and incorporated herein by reference during the time frame of May 1 through October 15 or until the last of the leaves fall from the trees. The Services shall be performed in accordance with the provisions and conditions of this Agreement. EL JEBEL COMMUNITY CENTER Aeration Turf areas will be aerated by a core cultivation method at least once per season. Mowing 1.Turf areas shall be maintained to a blade height of at least 3” after mowing. Frequency of mowing will be determined by the growth rate of the turf according to blade height and appearance. Frequency will be weekly at a minimum. 2.Contractor will maintain properly adjusted and sharp, mowing blades for uniform cut in order to prevent fuzzing and scalping, 3.All areas shall be inspected for debris prior to and following mowing to be sure it is left in good clean condition. Grass clippings will be removed from walks, drive, turf areas and beds per each mowing by means of raking or mechanical blower operations. 4.Wet turf shall only be mowed when it is possible to do so without harm to the turf. 5.Mowing native grasses will be above and beyond the terms of the contract. Pricing is requested for a per service mo w. DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F 2/19/2020 C20-066 2 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Daly Property\2020\Daly Property Sevices Agreement.DRAFT.docx Trimming Mechanical trimming of turf along fences, beds, walks, etc. shall be performed at each mowing to maintain turf blade height with mowed areas. Contractor will take precautions around trees and structures to prevent damage. Edging All turf areas along walks, paved areas, etc. will be edged at each mowing with a steel bladed edger to maintain a groomed appearance. Power Raking Power raking of all heavily thatched turf areas will be done in spring before turf begins to turn green to prevent turf damage. Leaf Raking and Removal Remove leaves from turf areas three times during the fall season until all leaves have fallen from the trees. Turf Weed Control Granular or liquid preemergents will be applied soon after the irrigation system is turned on and the turf becomes undormant. All turf will be inspected for broadleaf growth and controlled by means of spot spraying with broadleaf herbicide as required to maintain a weed free condition Turf Fertilization All turf areas will be fertilized. Selection of fertilizer will be based upon soil and turf conditions and time of year. Scheduled fertilization will consist of 1 lb. per 1000 sq.ft. of actual nitrogen per application and will be of a slow release granular nature. Applications should be applied twice – once at the beginning and once at the end of the season. Ornamental Bed Maintenance 1. Ornamental beds will be fertilized once per season with a slow release fertilizer. 2. All weeds shall be removed by manual means in all ornamental bed areas on a weekly basis to provide a weed free landscape. 3. Post treatments of broadleaf weeds with herbicides will be done as needed to maintain a week free condition. 4. Granular preemergents will be used as directed for weed seed control in all flower and shrub beds. Irrigation Maintenance 1. Includes charging, adjusting, checking system weekly. 2. Winterization of system with compressed air. System will be set to water during night time hours. 3. Damage to sprinkler heads due to mowing or other reasons by the contractor will be the responsibility of the contractor. 4. Any other repairs necessary must be authorized by Facilities Management Supervisor. EL JEBEL ROAD AND BRIDGE FACILITY Irrigation Maintenance 1. Includes charging, adjusting, checking system weekly. 2. Winterization of system with compressed air. System will be set to water during night time hours. 3. Damage to sprinkler heads due to mowing or other reasons by the contractor will be the responsibility of the contractor. 4. Any other repairs necessary must be authorized by Facilities Management Supervisor. DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F 3 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Daly Property\2020\Daly Property Sevices Agreement.DRAFT.docx Ornamental Bed Maintenance 1. Ornamental beds will be fertilized once per season with a slow release fertilizer. 2. All weeds shall be removed by manual means in all ornamental bed areas on a weekly basis to provide a weed free landscape. 3. Post treatments of broadleaf weeds with herbicides will be done as needed to maintain a week free condition. 4. Granular preemergents will be used as directed for weed seed control in all flower and shrub beds. Mowing 1. All areas shall be inspected for debris prior to and following mowing to be sure it is left in good clean condition. Grass clippings will be removed from walks, drive, turf areas and beds per each mowing by means of raking or mechanical blower operations. 2. Mowing native grasses will be above and beyond the terms of the contract. Pricing is requested for a per service mow. Leaf Raking and Removal Remove leaves from turf areas three times during the fall season until all leaves have fallen from the trees. a. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Facilities Management 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 April 30th, 2021. 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. The performance of the Services under this Agreement shall not exceed sixteen thousand five hundred forty dollars ($16,540.00)). In the event Contractor and County agree upon the need for additional services beyond those described in Exhibit A, those services shall be billed at the rates as set forth in Exhibit A. Prior to commencement of any additional Services at any Property or Properties, Contractor DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F 4 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Daly Property\2020\Daly Property Sevices Agreement.DRAFT.docx shall first provide County with a written estimate which shall include an estimate of the labor, materials without any mark up and any additional costs necessary to perform the Services at a particular Property or Properties. Each estimate must be approved by County’s Representative prior to commencement of the Services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit A. Total compensation under this Agreement shall not exceed twenty five thousand ($25,000.00) without a 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). 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. i. Workers’ Compensation insurance as required by law. DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F 5 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Daly Property\2020\Daly Property Sevices Agreement.DRAFT.docx 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 B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. 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. DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F 6 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Daly Property\2020\Daly Property Sevices Agreement.DRAFT.docx 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Ron Siebert Post Office Box 850 Eagle, CO 81631 3289 Cooley Mesa Road Gypsum, CO 81637 Telephone: 970-328-8881 Facsimile: 970-328-3539 E-mail: ron.siebert@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: Daly Property Services, Inc. 345 Lewis Lane Basalt, Co 81621 Telephone: 970-927-2430 Facsimile: 970-927-8526 E-Mail: will@dalypropserv.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. 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 DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F 7 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Daly Property\2020\Daly Property Sevices Agreement.DRAFT.docx 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. 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. DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F 8 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Daly Property\2020\Daly Property Sevices Agreement.DRAFT.docx 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. l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.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: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the 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: https://www.uscis.gov/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. DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F 9 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Daly Property\2020\Daly Property Sevices Agreement.DRAFT.docx 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: DALY PROPERTY SERVICES, INC. By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F Will Vannice President EXHIBIT A EL JEBEL COMMUNITY CENTER Provide a lump-sum dollar seasonal amount for each of the following services: Task Per Season Amount Aerations of turf area (1x/season) $ 420.00 Mowing of turf areas (1x/week) $4,800.00 Trimming (1x/week) Included Edging (1x/week) Included Power Raking $ 420.00 Turf Weed Control $ 450.00 Turf Fertilization $ 365.00 Ornamental Bed Maintenance $1,400.00 Irrigation Maintenance $1,285.00 Leaf Raking and Removal $ 1050.00 Mowing of Native Grass Areas (1x/month) $ 528.00 (5) = $2,640.00 Native Weed Control $ 850.00 TOTAL $13,680.00 Hourly rate for services outside scope of contract $65.00 ROAD AND BRIDGE FACILITY Provide a lump-sum dollar seasonal amount for each of the following services: Task Per Season Amount Ornamental Bed Maintenance $1,760.00 Irrigation Start Up and Shut Down $ 220.00 TOTAL $1,980.00 Weed Eating Hourly Rate (Housekeeping) $55.00 Hourly rate for services outside scope of contract $65.00 Per time rate for mowing of native grasses: $220.00 (4) = $880.00 AEXHIBIT DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/30/2020 (970) 945-9111 (970) 945-2350 21415 Daly Property Services Inc. PO Box 2419 Basalt, CO 81621 A 1,000,000 X 4X78190 7/13/2019 7/13/2020 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A X 4X78190 7/13/2019 7/13/2020 1,000,000A 4X78190 7/13/2019 7/13/2020 1,000,000 10,000 1,000,000 A Equipment Floater 4X78190 7/13/2019 Leased/Rented Equip. 100,000 Eagle County is Additional Insured under General Liability with respect to ongoing operations as required by written contract. Holder is Additional Insured under Automobile as required by written contract. Eagle County PO Box 850 Eagle, CO 81631-0850 DALYPRO-01 CATHYS Mountain West Insurance - Glenwood PO Box 1576 Glenwood Springs, CO 81602 Employer's Mutual Casualty Company 1 Pers & Adv Inju 7/13/2020 X X X X X X X X X BEXHIBIT DocuSign Envelope ID: 9EA6CFD7-65CC-47D6-BD19-4A014406F25F