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HomeMy WebLinkAboutECHDA20-06 SRD PlumbingAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND SRD PLUMBING INC. THIS AGREEMENT (“Agreement”) is effective as of ______________________, by and between SRD Plumbing Inc., a Colorado Corporation (hereinafter “Contractor”) and Eagle County Housing and Development Authority, a body corporate and politic (hereinafter “ECHDA”). RECITALS WHEREAS, the ECHDA desires to install a laundry sink, faucet and 4-gallon electric water heater in the basement of the Two10 Apartments located at 210 Freestone Road, Eagle, Colorado (the “Project”); and WHEREAS, Eagle County is the owner of the Two10 Apartments (the “Property”) and has contracted with ECHDA to serve as the property manager of the Property; and WHEREAS, Eagle County has authorized ECHDA to contract on its behalf for maintaining, repairing or servicing the Property and any of the constituent parts of the Property subject to the approved operating budget for 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 ECHDA in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and ECHDA 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. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a.Contractor agrees to furnish the Services no later than November 30, 2020, and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b.In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2.ECHDA’s Representative. The Property Manager, Matt Andrews, the Housing Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 11/4/2020 ECHDA20-06 2 ECHDA General Services Final 5/14 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31st day of December, 2020. 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 ECHDA for such additional services in accordance with ECHDA’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 ECHDA 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 ECHDA 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. ECHDA 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 $2,050.00. 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 ECHDA. 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 ECHDA may request. b. If, at any time during the term or after termination or expiration of this Agreement, ECHDA reasonably determines that any payment made by ECHDA 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 ECHDA, Contractor shall forthwith return such payment(s) to ECHDA. Upon termination or expiration of this Agreement, unexpended funds advanced by ECHDA, if any, shall forthwith be returned to ECHDA. c. ECHDA 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, ECHDA 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 ECHDA in accordance with a budget adopted by the Board of ECHDA in compliance with 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 ECHDA 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 ECHDA’s prior written consent, which may be withheld in ECHDA’s sole discretion. ECHDA 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 ECHDA has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 3 ECHDA General Services Final 5/14 subcontractor, as approved by ECHDA 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 ECHDA. ECHDA 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. 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 ECHDA, 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 ECHDA 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 ECHDA 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 ECHDA, 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 ECHDA and/or Eagle County and any of their respective officers, agents and employees against any losses, claims, damages or liabilities for which DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 4 ECHDA General Services Final 5/14 ECHDA and/or Eagle 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 ECHDA and/or Eagle County for reasonable attorney fees and costs, legal and other expenses incurred by ECHDA and/or Eagle 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 ECHDA and/or Eagle County to the extent that ECHDA and/or Eagle 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 ECHDA and are to be delivered to ECHDA 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. ECHDA: Attention: Kim Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 Facsimile: 970-328-8787 E-mail: kim.williams@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: SRD Plumbing Inc. PO Box 371 Hugo, CO 80821 Telephone: 970-524-0898 11. Termination. ECHDA 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 ECHDA with all documents DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 5 ECHDA General Services Final 5/14 as defined in paragraph 9 hereof, in such format as ECHDA shall direct and shall return all ECHDA owned materials and documents. ECHDA 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 ECHDA 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 ECHDA 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 ECHDA. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 6 ECHDA General Services Final 5/14 between ECHDA and Contractor except that of independent contractor. Contractor shall have no authority to bind ECHDA. 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 ECHDA. 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. 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 ECHDA 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 DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 7 ECHDA General Services Final 5/14 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. 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 ECHDA 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, ECHDA 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 ECHDA as required by law. g. ECHDA will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and ECHDA terminates the Agreement for such breach. [Rest of page intentionally left blank] DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 8 ECHDA General Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By: Its: ______________________________________ CONTRACTOR: By:________________________________ Print Name:__________________________ Title: ______________________________ DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 VP Michelle Nestor Kimberly Bell Williams Housing Director 9 ECHDA General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 PROPOSAL Date 10/2/2020 Estimate # 2025 Name / Address Eagle County Two10 Apartments William.wright@eaglecounty.us SRD Plumbing Inc. P.O. Box 371 Hugo, CO 80821 (970) 524-0898 Total Description Qty Rate Total We hereby submit specifications and estimates for: Installation of complete plumbing system in accordance with state and local codes WASTE ABS WATER LINES AQUAPEX GASLINE GASTITE Labor and Materials to add waste and water for laundry sink in mechanical room, install sink Laundry sink with faucet 4 gallon electric water heater 2,050.00 2,050.00 Any extras must be approved The above prices, specifications and conditions are satisfactory and are hereby accepted. SRD Plumbing Inc. is authorized to do the work as specified. Acceptance of Proposal Signature________________________ Date of Acceptance: _______________ All material is guaranteed to be specified. All work to be completed in a workmanlike manner according it standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. NOTE: This proposal may be withdrawn if not accepted within ____30____ days $2,050.00 DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 Distributed Exclusively by Ferguson and Wolseley Canada © 2016 Ferguson Enterprises, Inc. 0216 24947 Two Handle Laundry Faucet PFWSC1120 Series Product Features • Ceramic Cartridges • Metal Lever Handles • Flow Rate (with hose thread adapter): Min. 4.0 GPM • Flow Rate (with optional aerator): Max. 1.2 GPM • Meets ANSI: A112.18.1M • ADA Compliant PFWSC1120CP Warranty and Codes This product comes complete with installation, operating, care and maintenance instructions. This PROFLO faucet carries a limited lifetime warranty when installed in residential applications. The warranty is five years in commercial applications. This product meets ANSI: A112.18.1M. Compliant with lead content requirements of California AB 1953. Model Numbers PFWSC1120CP Polished chrome * All measurements are nominal. Please verify before actual installation. Product Specifications 7 1/2" (190.8mm) 4" (101.6mm) 1 3/8"(35.5mm)2 1/8"(55.2mm) 1/2"-14NPSM 6 1/2" (164.8mm)1/16"-1" (1-25mm) 8" (203.6mm) 9 5/8" (243.4mm)(122.2mm) 6 1/2"(164.8mm)(53.5mm) 9° 3/4"-11 1/2PF 4 13/16" 2 1/8"2 13/16"(71.39mm)LO WLEAD COMPLIANT NSF / ANSI 372 DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 ® Distributed Exclusively by Ferguson and Wolseley Canada © 2013 Ferguson Enterprises, Inc. All Rights Reserved 17474 09/13 Single Basin Laundry Sink PFLT2024 PFLT2024 Warranty and Codes 5IFTFQSPEVDUTDPNFDPNQMFUFXJUIJOTUBMMBUJPO PQFSBUJOH DBSFBOENBJOUFOBODFJOTUSVDUJPOT"MM130'-0MBVOESZTJOLTDBSSZ BZFBSMJNJUFEXBSSBOUZ*OBOFGGPSUUPDPOUJOVBMMZJNQSPWFPVSQSPEVDUT XFXJMMNBLFEFTJHODIBOHFTGSPNUJNFUPUJNF 8FSFTFSWFUIFSJHIUUPTIJQOFXMZEFTJHOFEQSPEVDUUPGJMMBOZPSEFSVOMFTTXFBHSFFJOXSJUJOHUPEPPUIFSXJTF Product Features t4JOHMFDPNQBSUNFOU NVMUJQVSQPTFTJOL t1PMZQSPQZMFOFDPOTUSVDUJPOXJUIJOUFHSBMTUSBJOFS t&RVJQQFEXJUIXIJUFCBLFEFOBNFMTUFFMBOHMFMFHT XJUIMFWFMJOHEFWJDFT twPSwLOPDLPVUDFOUFSTFUGBVDFUIPMFT Model Numbers PFLT2024'MPPS.PVOUFE.VMUJ1VSQPTF4JOL Part #Description PFLTLEGS LEGS F/PFLT SET 4 WHITE Available Parts Product FeaturesOptional Accessories PF83BRSS Chrome plated stainless steel sink strainer PF93SS Stainless steel sink strainer DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 31,QIRUPDWLRQDQGSURGXFWVSHFLåFDWLRQVFRQWDLQHGLQWKLVGRFXPHQWDUHVXEMHFWWRFKDQJHZLWKRXWQRWLFH5(9 :WLJPϩJH[PVUZ (OHFWULF0LQL7DQN:DWHU+HDWHU MiniTank™ HUK.HSSVU4PUP;HURZ+LSP]LY/V[>H[LY,ќJPLU[S` Performance Features ϯ7VPU[VM\ZLOLH[PUNLSPTPUH[LZSVUNOV[^H[LYWPWLY\UZ ϯ*VTWHJ[KLZPNUњ[Z]PY[\HSS`HU`^OLYL ϯ,HZ`HUKYLHK`[VPUZ[HSS ϯ/V[VYJVSK^H[LYMLLK ϯ(KQ\Z[HISL[LTWLYH[\YLJVU[YVSww- ϯ; 7YLSPLM]HS]LPUJS\KLK ϯ,UHTLSLKNSHZZSPULK[HURMVYL_[LUKLKSPML ϯ-SVVYHUK^HSSTV\U[HISL^HSSIYHJRL[PUJS\KLK ϯ-PLSKYLWSHJLHISLLSLTLU[ ϯ,;3[LZ[LK[V<3HUK5:- ϯ,4;,4;HUK,4;WS\NPU[VZ[HUKHYKV\[SL[ZJVYK PUJS\KLK,4;T\Z[ILOHYK^PYLKWPN[HPSPUJS\KLK ϯ:PUNSL^LSKKLZPNU ϯ;HURZ[H[\ZPUKPJH[VYSPNO[Ϣ .YLLU!YLHK`TVKL 9LK!OLH[PUNTVKL ϯ>HYYHU[`њ]L`LHYZSPTP[LKVUSLHRZ[^V`LHYZVUKLMLJ[Z 6XUJ[IZ9VKIOߡIGZOUTY Voltage:9 Amperage:$ Heating Capacity:ZDWWV Phase:6LQJOH Temperature Range:p)p) Maximum Operating Pressure:36, Special Design Service 0UX\PYPLZMVY\UP[ZMVY\UPX\LHWWSPJH[PVUZHYL^LSJVTL *HSSV\Y;LJOUPJHS:LY]PJLKLWHY[TLU[H[1-800-543-6163 9[MMKYZKJ9VKIOߡIGZOUT >H[LYOLH[LYZOHSSILHU,LTH_4PUP;HURTVKLSU\TILY ,4;FFFFFF <UP[ZOHSSILLUHTLSLKNSHZZSPULK^P[OHZPUNSL^LSKKLZPNU >H[LYJVUULJ[PVUZHUKZ\WWSPLK; 7]HS]L[VILSVJH[LKVU[VW VM[OL\UP[<UP[ZOHSSOH]LHUZ[H[\ZPUKPJH[VYSPNO[^P[OHKQ\Z[HISL [OLYTVZ[H[<UP[[VOH]LH`LHY^HYYHU[`HNHPUZ[SLHRZ *LY[PњLK[V<3 Tank Volume NHS Weight SIFittings Recovery time based on 60° temp. rise EMT1 137FRQQHFWLRQVDW723RIXQLW8 minutes EMT2.5 137FRQQHFWLRQVDW723RIXQLWPLQXWHV EMT4 137FRQQHFWLRQVDW723RIXQLWPLQXWHV EMT6 137FRQQHFWLRQVDW723RIXQLWPLQXWHV (07(07 (07(07 A B GF D C H E Dimensions EMT1 EMT2.5 EMT4 EMT6 .H\LQFK mm LQFK mm LQFK mm LQFK mm $ % C  ' (6.46  ) * H  0RXQWLQJEUDFNHWORFDWLRQRQWKHEDFNRIXQLW 7KHZHWWHGVXUIDFHRIWKLVSURGXFW FRQWDFWHGE\ZDWHUFRQWDLQVOHVVWKDQ OHDGDQGPHHWV16)$16, DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 32 ,QIRUPDWLRQDQGSURGXFWVSHFLåFDWLRQVFRQWDLQHGLQWKLVGRFXPHQWDUHVXEMHFWWRFKDQJHZLWKRXWQRWLFH5(9 :WLJPϩJH[PVUZ 0LQL7DQN(OHFWULF:DWHU+HDWHU MiniTank HUK.HSSVU4PUP;HUR+LSP]LY/V[>H[LY,ќJPLU[S` 02'(/180%(5 kW 7$1. 92/80(',0(16,216 :$7(5 &211(&7,216 5(/,()9$/9(6+,33,1*:(,*+7 3/8*,1 VOLTS 120 C EMT1 JDOORQV +[:['137 Included OEV<HV C EMT2.5 JDOORQV +[:['137 Included OEV<HV C EMT4 JDOORQV +[:['137 Included OEV<HV C EMT6 JDOORQV +[:['137 Included OEV1R Eemax MiniTank Installation :H]L^H[LYI`LSPTPUH[PUN[OL ^HP[MVYOV[^H[LY[VYLHJO [OLMH\JL[:PTWS`[HWPU[V[OL ^H[LYSPULHUKPUZ[HSS[OLOLH[LY KPYLJ[S`H[[OLZPUR 5VULLKMVYJVZ[S`YLJPYJ\SH[PUN SPULZHUKW\TWZ(UK^OLU `V\^HU[[VLSPTPUH[L[OL^HP[ MVYOV[^H[LYI\[ULLKTVYL ]VS\TLPUZ[HSS[OL,LTH_ OLH[LYPUSPUL^P[OHSHYNLY OV[^H[LYZV\YJLZ\JOHZH [HURSLZZOLH[LYVYHZ[VYHNL [HUROLH[LY3PNO[^LPNO[HUK JVTWHJ[ Standalone Point-of-Use Heating Application Cure for "Cold Water Sandwich" Gas Tankless Heating Application Point-of-Use Booster Heating Application from Central Tank Heating System :[HUKHSVUL7VPU[VM<ZL4\S[PϪ_[\YL(WWSPJH[PVU Sample Installations COLDWATERFEED HOT WATER FEED ELECTRICALFEED EEMAXELECTRICMINI TANK COLD WATER FEED HOT WATERFEED ELECTRICALFEED EEMAXELECTRICMINI TA NK COLDWATERFEED COLDWATERFEED HOT WATER FEED GAS ORELECTRICWATERHEATER ELECTRICALFEED EEMAXELECTRICMINI TA NK ELECTRICALFEED EEMAXELECTRICMINI TA NK GASTANKLESSWATERHEATER HOT WATERTO FIXTURE HOT WATER FEED COLDWATERFEED &LQGLFDWHVHYDOXDWLRQDQGFRPSOLDQFHWR,QWHUWHN (7/ XQGHU&$1&6$&1R *Pigtail included. DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 10 ECHDA General Services Final 5/14 EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 ACORD 25 (2001/08) The registration notices indicate ownership of the marks by their respective owners ©ACORD CORPORATION 1988, 2007 132849 03-13-2007 All rights reserved CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/04/2020 PRODUCER COMERFORD INSURANCE AGENCY INC P O BOX 4079 EAGLE, CO 81631 (970) 328-4000 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . INSURERS AFFORDING COVERAGE NAIC # INSURED SRD PLUMBING INC P O BOX 814 GYPSUM, CO 81637 INSURER A: State Farm Fire and Casualty Company 25143 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD’L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY 96-C7-X598-2 11/03/2020 11/03/2021 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY – EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ a WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 96-C3-N353-1 11/03/2020 11/03/2021 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS BLANKET ADDITIONAL INSURED Two10 at Castle Peak its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are Additional Insureds under the commercial general liability policies of insurance. CERTIFICATE HOLDER CANCELLATION Two10 at Castle Peak 210 Freestone P.O. Box 850 Eagle, CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 ACORD 25 (2001/08) AUTHORIZED REPRESENTATIVE WILL COMERFORD DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8 ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DocuSign Envelope ID: 77BE23B9-93F6-4007-8EAC-C4D5BD2362F8