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HomeMy WebLinkAboutC22-289 EnviroadEQUIPMENT LEASE By this lease agreement Enviroad LLC hereinafter called lessor, does hereby lease to Eagle County hereinafter called the lessee, the following described equipment. Unit 296 2022 Leeboy Paver Vin # 334277 Unit 299 2020 Pug Mill Systems Vin # 1856-300P To be used by the lessee for EBS-RA pavement operations. The parties mutually understand and agree as follows: 1.Possession That while leased equipment is operating under authority of lessee, that lessee shall have sole possession, responsibility and control of said equipment. 2.Operation That the lessee is responsible for the safe operation of the equipment and the parties agree that the lessee pays for all routine maintenance. 3.Insurance Requirements (a) Lessee shall obtain and maintain or self insure for the Term, at its own expense, property damage and liability insurance and insurance against loss or damage to the Equipment as a result of theft and such other risks of loss as are normally maintained on equipment of the type leased under this Agreement by companies carrying on the business in which Lessee is engaged, in such amounts, in such form and with such insurers as shall be reasonably satisfactory to Lessor. Each insurance policy shall provide that it may not be canceled or altered without at least 30 days prior written notice thereof being given to Manufacturer or its successor and assigns. (b) Lessee agrees that during the Term it and any subcontractor it provides to operate, service or maintenance at the equipment, shall maintain a policy or policies of insurance as set forth below: (i) worker’s compensation, employer’s liability insurance and other legally required employer’s insurance in accordance with and meeting all requirements of applicable State and Federal law; and (ii) general liability insurance (including contractual liability) in amounts not less than $1,000,000 per occurrence, combined single limits. (iii) umbrella or excess in amounts not less than $5,000,000 per occurrence. DocuSign Envelope ID: B7489DE0-F33D-43A3-800D-EC6B389C9D87 (c) Lessee will provide the other evidence of the above-required insurance in the form of certificates of insurance. These certificates of insurance shall contain: (i) a provision that 30 days’ prior written notice of cancellation will be provided to the other party. (ii) Waiver of Subrogation in favor of Lessor (iii) Additional Insured status for Contractor on a primary and non-contributory basis for both Premises/Operations and Products/Completed Operations 4.That the term of this lease shall be from August 15, 2022 to August 25, 2022. 5.That the lessee agrees to pay the lessor for the use of Equipment – $92,528.37 6.That a copy of this lease shall be carried in the equipment subject to this lease. 7.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). Executed this August 2022 Lessee: Enviroad LLC Lesser: 2606 N Newark Street Portland, OR 97217 503-595-2650 By: _________________________ Title: _________________________ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager DocuSign Envelope ID: B7489DE0-F33D-43A3-800D-EC6B389C9D87 CEO 8/12/2022 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-MAILADDRESS: 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 EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR 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 8/10/2022 Arthur J.Gallagher Risk Management Services,Inc. 6300 South Syracuse Way Suite 700 Centennial CO 80111 Nathan Kathol 3038892532 Nathan_Kathol@ajg.com Travelers Indemnity Company 25658 EAGLCOU-04 Charter Oak Fire Insurance Company 25615EagleCounty,Colorado P.O.Box 850 500 Broadway Eagle CO 81631 Travelers Property Casualty Co of America 25674 Zurich American Insurance Company 16535 Pinnacol Assurance Company 41190 1453334264 A X 1,000,000 X 300,000 Excluded 1,000,000 1,000,000 X ZLP91N37268 1/1/2022 1/1/2023 1,000,000 B 1,000,000 X 81091N37268 1/1/2022 1/1/2023 C X X 9,000,000ZUP91N3727A1/1/2022 1/1/2023 9,000,000 X 10,000 E X42209231/1/2022 1/1/2023 1,000,000 1,000,000 1,000,000 D Property ERP721349801 1/1/2022 1/1/2023 Policy Limit Earthquake Flood $150,000,000 $25,000,000 $10,000,000 Flood Zone A Limit -$1,000,000 $50,000 Policy Deductible except $100,000 for Earthquake,$500,000 for Flood and $1,000,000 for Flood Zone A RE:2022 Leeboy Paver Vin #334277 2020 Pug Mill Systems Vin #1856-300P Additional insured for leasing of equipment from August 15,2022 to August 25,2022 Enviroad LLC 2606 N Newark Street Portaln OR 97217 DocuSign Envelope ID: B7489DE0-F33D-43A3-800D-EC6B389C9D87