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Home My WebLink AboutC20-371 HR Green FiberAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND HR GREEN FIBER AND BROADBAND, LLC THIS AGREEMENT (“Agreement”) is effective as of the ______________________ by and between HR Green Fiber and Broadband, LLC, a Iowa limited liability company (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Contractor is to conduct a broadband survey for the unincorporated areas of Eagle County (the “Project”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services 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. 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 three (3) months from the Notice to Proceed. 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.County’s Representative. The Administration 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 through December 31, 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 County for such additional services. DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 9/30/2020 C20-371 2 Eagle County General Services Final 5/14 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 $16,470. 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 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 reasonably request. If County has any payment dispute, this will be governed by the dispute resolution procedures as set forth in Section 12 of this Agreement. 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, 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. DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 3 Eagle County General Services Final 5/14 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 Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, and employees 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. DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 4 Eagle County General Services Final 5/14 9. Ownership of Documents. The County acknowledges the Contractor’s documents as the work papers of the Contractor and the Contractor’s instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Contractor, the Contractor shall provide the final documents to the County. The County shall own the final documents prepared under this Agreement. County agrees to hold any documents marked confidential in confidence and shall not make such documents available to any third party, except to the extent such information is required to be available to the public under the Colorado Open Records Act applicable to County. 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: Scott Lingle 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8604 E-Mail: Scott.Lingle@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: Attention: Edward Barrett 8710 Earhart Lane SW Cedar Rapids, IA 52404 Telephone: 319-841-4395 Email: ebarrett@hrgreen.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, within a thirty (30) days, provide County with all DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 5 Eagle County General Services Final 5/14 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 performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. In the event of a dispute arising out of or relating to this Agreement, Contractor and County agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party. If the dispute remains unresolved, 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 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 manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services. 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 DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 6 Eagle County General Services Final 5/14 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. 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’s representative, 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. DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 7 Eagle County General Services Final 5/14 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 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: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D Ed Barrett Practice Leader - Fiber & Braodband Services 8 Eagle County General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Project Understanding In detailing our approach to your project, we want to start with an underlying premise: Our goal is to provide you with what you need to understand the current state of broadband in the unincorporated areas of Eagle County. There are several ways to get the data to accomplish that (surveys, door to door canvassing, phone surveys, etc.). In our Approach and Tasks we focus on and recommend a digital survey. We have found that method to be the most financially efficient, while typically providing good statistical results. Internet based surveys have become one of the most common used methods to gather data. As an example of how typical online surveys for broadband data collection, in Government Technology magazine, Rose Schneider reported, “Critical of the way federal data on broadband internet is currently collected, U.S. Rep. Anthony Brindisi announced Friday morning at Floyd, N.Y. Town Hall that he would be providing an online survey to collect data on constituents’ internet providers and to test their internet speed.” - government technology – November 27, 2019. This is one example, but we have used online surveys in many projects and found them to provide the most efficient and convenient way for citizens to provide feedback in today’s busy world. Although it is impossible to know how many people will take the survey, this is a method that, typically, has good results. If your survey does not get the statistical numbers needed, we can discuss other Scope to try to boost numbers, but we have typically not found that necessary. Proposed Scope of Services We hope that from the Project THOR decisions project (in which we helped the County, Eagle and Gypsum get the revenue and cost information needed for decisions), you have a good feel for how we work. We approach what we do from a different perspective than many other consultants: • We listen to what you need – this will be particularly important on this project because most projects have a next step in mind. In your study, you want to gather the information you need to understand the connectivity in the unincorporated areas – which may or may not lead to any next actions. Therefore, the messaging, methodology and questions are particularly important. We will listen and work with you to make sure you get the information you want. Also, if there are possible actions the BoCC might take in the future, we will work with you to try to also gather information that could help in those decision in this survey. • We provide an Engagement Plan that details all of the steps we will take - to make sure we are on the same page on all that will happen. We will talk through that with you so all of the steps and messaging are in line with your needs. DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 9 Eagle County General Services Final 5/14 • Flexible, yet focused – these steps do not have to take long, but they are important. As you saw in our previous project - we are thorough, but we move quickly. • You get the data and we are open with our methodology – we will provide our analysis, but we also want you to have the information in a form that is dynamic (you can keep using it if you would like). Most importantly, we want to make sure you understand all of what you receive (rather than us holding back something we think is our “secret sauce”). • Deliverables – we will provide you with results along the way, so you know progress and can provide feedback. As in our previous project together, this was particularly important because we had to make some adjustments as new variables developed. This also helps us to refine the end product, which (as you saw in our previous project) are excellent. • Project management – having been around for over 100 years, we have developed processes and procedures that matter during the project. Our detailed involvement and oversight are reasons why our projects are rated so highly, so consistently. We anticipate working with Kyle Blakely of Blakely and Company from Colorado Springs as part of the engagement process. We have worked with Kyle on several projects and find his knowledge and abilities to be very important in this type of projects. He will be helping with the Engagement Plan and execution of some if the engagement tasks. Costs for his expertise is included in the numbers below. Task 1 – Kickoff We will begin the project with a project kickoff. The main goals of the kickoff are to make sure it is clear for each task what is needed, who will be involved, what our timeframes are and what the deliverables will be. This could be done in person or via Zoom. As we discussed, the plan will be to do this over Zoom. We will need a GIS base map with parcels and addresses. DELIVERABLES:  One meeting over Zoom Task 2 – Engagement Plan The Engagement Plan is the road map and collaboration tool to complete this survey. It contains specific details, including: • Social media platform (County accounts or other pages) • Plan for County IT involvement/avenues for promotion • What questions will be asked in the survey • The promotion steps and plans • Specific posts (wording and timeline) • Clarification of geographies to focus on • Etc. We will work with you to develop the specific details and timelines to complete a comprehensive engagement plan. DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 10 Eagle County General Services Final 5/14 There are some possibilities like press releases and organization member lists that might help us have multiple ways to let people know about the survey. We will explore those in the kickoff and incorporate any you decide to use into the engagement plan. DELIVERABLES:  Eagle County Unincorporated Areas Engagement Plan Task 3 – Community Engagement From the Engagement Plan, we will begin by promoting the survey and making the link for it available. We, typically, break geographies into zones so that we have baselines to monitor during the survey process. Below is an example of organization by zone. Example of Zone Engagement Approach An important aspect of the digital survey process is a regular meeting and update schedule. Digital surveys usually last approximately 60 days. Within that 60-day window, it is important to assess the number of responses and the locations of those responses. If there are not enough responses coming in or if there are areas that do not have good representation in the responses, then focusing on those areas with Facebook tools or with specific messaging might be needed. This monitoring and possible reactions need to be done throughout the survey period. We want to provide you with some of the results that we have found and how we have presented those. Please keep in mind that these were tailored to what specific clients requested. In the Engagement Plan, we specify the specific information you want to find. DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 11 Eagle County General Services Final 5/14 This chart shows what speeds were being achieved by what technology in our client’s County. For them, when this was compared to the proliferation of those technologies, it showed a troubling picture for broadband in the County. We have different ways of showing satisfaction and importance. Below are two examples from actual presentations we made showing community engagement results: When the survey is complete and we have statistically valid results, we will analyze the data and present it to you for review. This presentation will be done over Zoom. DELIVERABLES:  Data in spreadsheets and GIS  Our analysis in a report and presentation Task 4 – Presentation of Results After you have reviewed the data, our analysis and our presentation, we will make final edits and present these results to the entities you define. Depending on circumstances, we could make this presentation in person. But, because of current travel and meeting concerns, the plan and costs in this proposal are for a Zoom meeting. In addition to our presentation, we will provide the County with our final report. DELIVERABLES:  Presentation Meeting  Final Report DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 12 Eagle County General Services Final 5/14 Cost Proposal Project Tasks Costs Task 1 Zoom Kickoff $1,500 Task 2 Engagement Plan $2,470 Task 3 Digital Community Engagement $11,000 Task 4 Final Zoom Presentation $1,500 Project total $16,470 Project does not include travel (all meetings planned over Zoom) DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D 13 Eagle County General Services Final 5/14 EXHIBIT B DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DPR9952889 X 1-800-300-0325 2,000,000 01/01/20 37885 25674 Attention: Abby Musfeldt 01/01/20 X 16535 15,000,000 X 8710 Earhart Lane SW XL SPECIALTY INS CO 2,000,000 1,000,000 Travelers Property Casualty Company of X Zurich American Insurance Company 1,000,000 X Michelle Gruis 60307619 60307619 01/01/20 01/01/21 201 First Street SE, Suite 700 10,000 X 01/01/20 01/01/21 C B PO Box 850 500 Broadway Eagle County, Colorado 2,000,000X X (Claims Made Coverage) Professional Liability HR Green Fiber and Broadband, LLC Holmes Murphy & Assoc - CR 01/01/20 01/01/21 X 1,000,000 6,000,000 319-896-7715 5,000,000 X 300,000 Cedar Rapids, IA 52404 15,000,000 Aggregate Per Claim mgruis@holmesmurphy.com 866-231-7822 USA Re: Project #200040 insured, per policy terms and conditions. included as Additional Insureds on the General Liability and Auto Liability as required by written contract with the Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, and employees are N Eagle, CO 81631 X GLO373096710 10,000 WC373096610 A 09/24/2020 1,000,000 A 01/01/21 ZUP14N8656620 A 01/01/21 Cedar Rapids, IA 52401 BAP373096810 1,000,000 kbrewercr DocuSign Envelope ID: A6C6632C-A14F-47E9-AA5C-6B9AC8DC755D t’?2OhJJ25IKPZCERTIFICATEOFLIABILITYINSURANCETHISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)musthaveADDITIONALINSUREDprovisionsorbeendorsed.IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).PRODUCER1—800—300—0325CONTACTNAME:MistySunnesFAXHolmesMurphy&Assoc-CRPHONE319-896—7670(AJCNo)tAlC.No.F.xttE-MAILmsunnes@holmesmurphy.corn201FirstStreetSE,Suite700kDDRESS:INSURER(S)AFFORDINGCOVERAGENUC#CedarRapids,IA52401INSURERA:ZurichAmericanInsuranceCompanyi16535INSUREDINSURERS:TravelersPropertyCasualtyCompanyof.25674HRGreenFiberandBroadband,LLCINSURERC:XLSPECIALTYINSCO378858710RarhartLaneSWINSURERD:INSURERE:CedarRapids,IA52404INSURERF:COVERAGESCERTIFICATENUMBER:60943537REVISIONNUMBER:THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.iRIADDL’SUBt,POLICYEFFPOLICYEXPLTRTYPEOFINSURANCEigIwPOLICYNUMBER(MMIOD!YYYY1IMUIDDIYVYYILIMITS________________AXCOMMERCIALGENERALLIABILITYGL037309671101/01/2101/01/22EACHOCCURRENCE$2,000,000CLAIMS-MACEOCDAMAGEroRENTEDCURPREMISESlEaoccurrenceI$300,000—IMEDEXP(Anyoneperson)$10,000—PERSONAL&AOVINJURY2,000,000GENLAGGREGATELIMITAPPLIESPER:GENERALAGGREGATE$4,000,000POLICYELOCPRODUCTS-COMPIOPAGG$4,000,000——$AAUTOMOBILELIABILITYBAP37309681101/01/2101/01/22COM8INEDSINGLELIMIT$2,000,000lEaacoldentlXANYAUTOBODILYINJURY(Perperson)$OWNEDFiSCHEDULEDBODILYINJURY(Peraccident)$AUTOSONLYAUTOSxHIREDFE1NON-OWNEDPROPERTYDAMAGEAUTOSONLYAUTOSONLY{Peraccident)$$BXUMBRELLACIABOCCUR——ZUP14N865662101/01/2101/01/22EACHOCCURRENCE$10,000,000EXCESSLIABCLAIMS-MADEAGGREGATE$10,000,000—DEDIRETENTIONS10,000——$WORKERSCOMPENSATIONxPERII0TH-AANDEMPLOYERS’LIABILITYWC37309661101/01/2101/01/22ISTATUTEIERYINANYPROPRIETORJPARTNER/EXECUTIVEJNIAEL,EACHACCIDENT$1,000,000OFFICERIMEMBEREXCLUDED?IuandatoryInNH)EL.DISEASE-EAEMPLOYEE$1,000,000Ifyes,describeunderDESCRIPTIONOPDPERATIONSbeIow—E.L.DISEASE-POLICYLIMIT$1,000,000CProfessionalLiability0PR997072601/01/2101/01/22PerClaim5,000,000(ClaimsMadeCoverage)Aggregate10,000,000DESCRIPTIONOFOPERATIONSILOCATIONSIVEHICLES(ACORD101,AddItionalRemarksSchedule,maybeattachedIfmorespaceIsrequiredlEagleCounty,itsassociatedoraffiliatedentities,itssuccessorsandassigns,electedofficials,andemployeesareincludedasAdditionalInsuredsontheGeneralLiabilityandAutoLiabilityasrequiredbywrittenContractwiththeinsured,perpolicytermsandConditions.Re:Project*200040CERTIFICATEHOLDERCANCELLATIONSHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFOREEagleCounty,ColoradoTHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDINACCORDANCEWITHTHEPOLICYPROVISIONS.Attention:AbbyMusfeldt500BroadwayAUTHORIZEDREPRESENTATIVEPDBox850Eagle,CO81631USADATE(UMIDDIYYYYI12/21/2020ACORD25(2016103)mgruiscr60943537©1988-2015ACORDCORPORATION.Allrightsreserved.TheACORDnameandlogoareregisteredmarksofACORD