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HomeMy WebLinkAboutC21-267 Pye-Barker Fire, LLC.AgreementpdfDocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 AGREEMENT FOR ON -CALL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND PYE-BARKER FIRE, LLC d/b/a TRI COUNTY FIRE PROTECTION THIS AGREEMENT ("Agreement") is effective as of the 8/6/2021 by and between Pye-Barker Fire, LLC d/b/a Tri County Fire protection, a Georgia corporation (hereinafter "Contractor"), and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to contract for annual testing, inspection, and repair services for fire extinguishers at County owned facilities; the FM200 systems for the IT server room at the Eagle County Building, 500 Broadway, Eagle, Colorado, the Evidence Room at the Justice Center, 0885 Chambers, Eagle, Colorado; the Halon system at the Detentions Control Room at the Justice Center, 0885 Chambers, Eagle, Colorado; and the cooking hood systems at the Justice Center, 0885 Chambers, Eagle, Colorado; Senior Center, 713 Broadway, Eagle, Colorado and El Jebel Community Center, 0020 Eagle County Road, El Jebel, Colorado, (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services or work described in 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 in accordance with the schedule established in each proposal approved by County. If no completion date is specified, 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. CountRpresentative. 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 on the 28' day of September, 2021, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect for a period of one year. C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 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. In the event Contractor and County agree upon the need for additional maintenance or repair services beyond the Services described in Exhibit A, Contractor 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. 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 rates set forth herein. Total compensation under this Agreement shall not exceed fifty thousand dollars ($50,000.00) 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. 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 perform the Services during the performance of this Agreement and no personnel to whom C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit 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, agent,s 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 monies paid pursuant to this Agreement. C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents, and employees against any losses, claims, damages, or liabilities for which County may become subject to insofar as any such losses, claims, damages, or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability, or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Ron Siebert Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8881 Facsimile: 970-328-8782 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: Tri County Fire Protection, Inc. 3159 Baron Lane Rifle, CO 81650 Telephone: 970-625-453 3 Facsimile: 970-625-9010 E-Mail: info@tcfire.net C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 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, interpreted under, and 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 or Properties, 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 it 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. C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer -employee, master -servant, partnership, joint venture, or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules, and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. 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: under this Agreement; or Knowingly employ or contract with an undocumented individual to perform Services C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 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: httos://www. uscis.00v/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). If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALL Y LEFT BLANK] C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 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 DocuSigned by: By: J % 'b(t Jeff Shroll, County ay&?644A328424— CONTRACTOR: PYE-BARKER FIRE, LLC d/b/a TRI COUNTY FIRE PROTECTION By:5DocuSigned by: )6'S6V' 6449AFD1EMA4 Print Name: Jason Beak Title: mg r C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 PYE-BARKER FIRE, LLC DBA TRI COUNTY FIRE PROTECTION 3159 BARON LN Rifle, CO 81650 970-625-4533 (Voice) REMIT TO:PO BOX 309, RIFLE, CO 81650 Bill To: EAGLE COUNTY ACCOUNTS PAYABLE PO BOX 850 EAGLE, CO 81631 Deliver: EAGLE COUNTY A/P PO BOX 850 EAGLE, CO 81631 QUOTATION Date: 08/02/21 Bill To: EAGLECOUNTAP Account: EAGLECOUNTAP P/O #: Ref #: 6222 Terms: NET 30 Due: FOB: Technician: HOUSE ACCOUNT Contact: RON Phone: 970-328-8880 Fax: Page 1 Line Order Ship B/O Item Number Description Unit Price Unit Extension 1 1 1 0 ANNUAL MAINT / ANNUAL MAINT/INSP FIRE EXTIN 8.000 EA 8.00 2 1 1 0 RECH 2.5 DC / RECH DC 2 LB 20.000 EA 20.00 RECHARGE ON 2.5LB FIRE EXTINGUISHER 3 1 1 0 RECH 5 DC / RECH DC 5 LB 30.000 EA 30.00 RECHARGE ON 5LB FIRE EXTINGUISHER 4 1 1 0 DC MAINT / DC MAINT ASSEMBLY/CHEM 18.000 EA 18.00 MAINT ASSEMBLY CHARGED WITH ANY RECHARGE FOR REPLACING PARTS 5 1 1 0 NEW5ABC NEW / ANSUL ABC 5LB, AA05-1 3 75.000 EA 75.00 6 1 1 0 NEW2ABC NEW / ANSUL ABC 2.5LB, A02VB 49.000 EA 49.00 7 1 1 0 SYS INSP 102 / SYS INSP/MAINT R 102 135.000 EA 135.00 EACH HOOD SYSTEM IS $95.00 THERE ARE HOOD PARTS THAT ARE ADDED TO THIS TOTAL THEY WILL BE ABOUT $73.00 8 1 1 0 SYS INSP FM2 / SYS INSP/MAINT FM200 535.000 EA 535.00 9 1 1 0 HYDRO 5 DC / HYDRO DC 5 LB 16.000 EA 16.00 FIRE EXTINGUISHERS NEED TO BE HYDRO TESTES EVERY 12 YEARS FROM THE DATE OF MANUFACTURE 10 1 1 0 LABOR SY REG / LABOR SYS SP HAZ REG 125.000 HR 125.00 HOURLY RATE FOR WORK DONE ON HOOD SYSTEMS 11 1 1 0 LABOR SY REG / LABOR SYS SP HAZ REG 125.000 HR 125.00 HOURLY WORK DONE ON FM200 SYSTEMS Continued on Next Page EA' IT C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 PYE-BARKER FIRE, LLC DBA TRI COUNTY FIRE PROTECTION 3159 BARON LN Rifle, CO 81650 970-625-4533 (Voice) REMIT TO:PO BOX 309, RIFLE, CO 81650 Bill To: EAGLE COUNTY ACCOUNTS PAYABLE PO BOX 850 EAGLE, CO 81631 Deliver: EAGLE COUNTY A/P PO BOX 850 EAGLE, CO 81631 Line Order Ship B/O Item Number Description ACCEPTED BY PRINT NAME DATE QUOTATION TOTAL SUBJECT TO CHANGE BASED UPON WORK PERFORMED ORPRODUCTSORDERED. IN ALL CASE UNIT PRICE PREVAILS. WORK TO BE PERFORMED DURING NORMAL WORKING HOURS. QUOTATION Continued Page 2 Date: 08/02/21 Bill To: EAGLECOUNTAP Account: EAGLECOUNTAP P/O #: Ref ##: 6222 Terms: NET 30 Due: FOB: Technician: HOUSE ACCOUNT Contact: RON Phone: 970-328-8880 Fax: Unit Price Unit Extension Quotation Total 1136.00 C21-267 DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 AC� "® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) F8/3/2021 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). PRODUCER Marsh & McLennan Agency LLC 2301 Sugar Bush Road Suite 600 CONTACT NAME: PHONE FAX AIC No Ext : 919-510-7580 A/C No): 212-607-1139 ADDRESS: Certificates@MarshMMA.com INSURER(S) AFFORDING COVERAGE NAIC# Raleigh NC 27612 INSURERA: Everest Indemnity Insurance Company 10851 INSURED Pye-Barker Fire & Safety, LLC* PO Box 69 Roswell, GA, 30077 INSURERB: Evanston Insurance Company 35378 INsuRERc: Cincinnati Insurance Company 10677 INSURERD: Starr Indemnity & Liability Company 38318 11605 Haynes Bridge Rd, Ste 350 INSURER E: Axis Surplus Insurance Company 26620 Alpharetta GA 30009 INSURER F: Aspen American Insurance Company 43460 COVERAGES CERTIFICATE NUMBER: 1496218747 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 51GL003490211 1/1/2021 1/1/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREMISES (Ea occur DAMAGE TO ante $ 500,000 X MED EXP (Any one person) $ 10,000 Contractual Tort X XCU Included PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � PE� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Professional Liab $ Included OTHER: C AUTOMOBILE LIABILITY EBA0560840 1/1/2021 1/1/2022 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A E X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 51CCO01080211 P00100047311501 1/1/2021 1/1/2021 1/1/2022 1/ 1 /2022 EACH OCCURRENCE $10,000,000 X AGGREGATE $ 10,000,000 DED RETENTION $ * 10,000,000/Occ $ 10,000,000/Agg D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 100000447400 1/1/2021 1/1/2022 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Pollution Liability MMAENVO02219 1/1/2021 1/1/2022 $3,000,000Limit C F Leased/Rented Equipment Excess Liability EPP0560840 CXOOAD621 1/1/2021 1/1/2021 1/1/2022 1/1/2022 $500,000 10,000,000/Occ maximum 10,000,000/Agg DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation includes Stop Gap Liability for WA, WY, and ND Workers Compensation Waiver of Subrogation does not apply to KY Umbrella Liability: Carrier A: Retention-$10,000 Excess Liability: Carrier E: Deductible: $10,000,000 Excess Liability: Carrier F: Deductible: $20,000,000 Cyber Liability: Policy Number: CPR361421 1/1/2021-1/1/2022 Limit: $3,000,000 Carrier: Certain Underwriters at Lloyd's NAIC: 99999 Crime Policy Number: P00100026176801 11/26/2020-11/26/2021 Limit: $2,000,000 Carrier: AXIS Insurance Company NAIC: 37273 **DBA's: PB Parent; LLC, Lanstar, LLC; Pye-Barker Holdco, LLC; DBA A.A.C. United Fire & Safety Equipment, Inc.; DBA Accurate Fire Protection, Inc.; DBA See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. EAGLE COUNTY 590 BROADWAY EAGLE CO 81631 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. EXHIBIT ACORD 25 (2016/03) The ACORD name and Io62a1re26igistered marks of ACORD B DocuSign Envelope ID: E2059F96-8EC0-4D3A-BEB8-1AFFC9014C26 AGENCY CUSTOMER ID: LOC #: 'ORE) ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Marsh & McLennan Agency LLC NAMED INSURED Pye-Barker Fire & Safety, LLC' PO Box 69 Roswell, GA, 30077 11605 Haynes Bridge Rd, Ste 350 Alpharetta GA 30009 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Ace Fire Equipment; DBA Advanced Fire Extinguishers & Safety Equipment; DBA Allstate Fire Protection, Inc.; DBA American Fire & Safety; DBA BRS Holdings LLC; DBA Commercial Fire Equipment Company; DBA D&C Fire Protection; DBA Dekalb Fire Protection Services, Inc. dba Georgia Fire; DBA East Coast Fire Equipment, Inc.; DBA Fire Boss, Inc. d/b/a Dragon Fire Systems; DBA Fire Inspections Plus; DBA Fire Pro, Inc.; DBA Fire X Services, LLC; DBA Innovative Electronic Control Systems Inc.; DBA Integrity Fire & Safety; DBA Lester King Fire and Safety Equipment, Inc.; DBA Metro Fire & Safety, Inc.; DBA Myrtle Beach Fire Safety Group; DBA Pro Fire Extinguishment, Inc.; DBA Pye Barker Industrial Cleaning, LLC; DBA Reliable Alarm Technology and Equipment, Inc.; DBA Reliable Fire & Safety Equipment Company, Inc.; DBA Sentry Fire & Safety; DBA South Carolina Safety Co.; DBA Suncoast Fire Safety; DBA Tampa Bay Fire Equipment; DBA Tanner Fire & Safety Equipment, Inc.; DBA Hernando Fire & Safety Equipment Co., Utah Fire Equipment Company, Inc.; Hernando Fire & Safety Equipment Co.; Sea Coast Fire Inc. Tri County Fire Protection Inc.; Triangle Fire, Inc.; Universal Fire Equipment; Ace Fire Sprinklers, Inc.; A Fire Protection Plus, Inc.; Kansas Fire Equipment Co.; Interstate Fire Systems, Inc.; AAA Fire & Safety Equipment Co. Inc.; Empire Fire & Safety dba Pyrotech, Inc, dba Red Comet Fire Protection, dba AD-X Fire Protection; Gulf Coast Fire & Safety Equipment; Certified Fire Protection, Inc. ; Florida Fire Safety, Inc.; Alpine Fire & Safety Systems, Inc.; Greer's Supply Company, Incorporated;American Fire & Safety, Inc.; M&S Supply of Roanoke, Inc. ; B&R Fire and Safety, LLC; DBA Mitec; Life Safety Designs, Inc.; Fire Equipment Services of St. Lucie, Inc.; AA Fire Equipment Co Inc.; Nardini Fire Equipment Company of North Dakota; Nardini Fire Equipment Co Inc.; Industrial Fire Systems, Inc.; Alpha Fire & Safety, Inc.; Fire Alarm Services Inc.; Commercial Fyr-Fyters, Inc.; United Fire Protection, Inc.; LPS Fire LLC; LifeProtection Sprinkler, LLC; PB Parent Holdco LP; Gerry's Fire & Safety, Inc.; Haines City Fire acquisition; Haines City Fire & Security Service, Inc. ;Haines City Fire Extinguisher Service, Inc.; Haines City Fire & Extinguisher Service Inc.; Willis Alarm Company; T & S Fire and Security Inc.; Total LifeSafety Corporation: Naples Fire Protection, Inc. Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are included as Additional Insureds under the General Liability and Automobile Liability with respect to work performed by the insured if required by written contract for the referenced job and/or contract. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo 6MiWistered marks of ACORD