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HomeMy WebLinkAboutC23-034 SAFEbuilt ColoradoAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND SAFEbuilt COLORADO, LLC THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between SAFEbuilt Colorado, LLC, a limited liability corporation (hereinafter “Contractor” or “Consultant”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the Eagle County Building Division is in need of services to support plan review, inspections, and high-level building code clarification (the “Project”) remotely and at 500 Broadway, Eagle, 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 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. County’s Representative. The Community Development Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 1/31/2023 2 Eagle County Professional Services IT Final 8/15/2022 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, 2023. 4. Extension or Modification. This Agreement may be extended for up to three additional one-year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $200,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 3 Eagle County Professional Services IT Final 8/15/2022 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. 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. iv. Professional Liability (Errors and Omissions) including Cyber Liability with prior acts coverage for all deliverables, Services and additional services required hereunder, in a form and with insurer or insurers satisfactory to County, with limits of liability of not less than $3,000,000 per claim and $3,000,000 in the aggregate. The insurance shall provide coverage for (i) liability arising from theft, dissemination and/or use of confidential information stored or transmitted in electronic form; (ii) Network Security Liability arising from unauthorized access to, use of or tampering with computer systems including hacker attacks, inability of an authorized third party to gain access to your Software or Services including denial of access or Services unless caused by a mechanical or electrical failure; (iii) liability arising from the introduction of a computer virus into, or otherwise causing damage to, County or a third person’s computer, computer system, network or similar computer related property and the data, software and programs thereon. v. Crime Coverage shall include employee dishonesty, forgery or alteration and computer fraud. If Consultant is physically located on County premises, third party fidelity coverage extension shall apply. The policy shall include coverage for all directors, officers and employees of the Consultant. The bond or policy shall include coverage for extended theft and mysterious disappearance. DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 4 Eagle County Professional Services IT Final 8/15/2022 The bond or policy shall not contain a condition requiring an arrest or conversion. Limits shall be a minimum of $1,000,000 per loss. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any actual or alleged negligent or intentional (willful misconduct) act or omission by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 5 Eagle County Professional Services IT Final 8/15/2022 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 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: Bill Gibson 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8624 E-Mail: bill.gibson@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Joe DeRosa, CRO 444 North Cleveland Avenue Loveland, CO 80537 Telephone: 970-292-2200 Email: jderosa@safebuilt.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 6 Eagle County Professional Services IT Final 8/15/2022 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 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. 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. DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 7 Eagle County Professional Services IT Final 8/15/2022 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. 15. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 8 Eagle County Professional Services IT Final 8/15/2022 that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 9 Eagle County Professional Services IT Final 8/15/2022 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 CONSULTANT SAFEbuilt Colorado, LLC By: _____________________________________ Print Name: ______________________________ Title: ____________________________________ DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF CAO Gary Amato 10 Eagle County Professional Services IT Final 8/15/2022 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF Page 1 of 2 EXHIBIT A – LIST OF SERVICES AND FEE SCHEDULE 1. SERVICE DELIVERY TIMEFRAMES  Consultant will perform As-Requested Remote Plan Review Services upon execution of this Agreement by both Parties  Consultant will not perform As-Requested Building Official Services until staffing is secured by Consultant and start date is mutually agreed upon by both Parties  Consultant will not perform As-Requested Inspection Services until staffing is secured by Consultant and start date is mutually agreed upon by both Parties 2. LIST OF SERVICES As-Requested Building Official Services  Be a resource for Consultant team members, County staff, and applicants  Help guide citizens through the complexities of the codes in order to obtain compliance  Monitor changes to the codes including state or local requirements and determine how they may impact projects in the area and make recommendations regarding local amendments  Provide Building Code interpretations for final approval  Oversee our quality assurance program and will make sure that we are meeting our agreed upon performance measurements and your expectations  Provide training for our inspectors on County adopted codes and local amendments as needed  Oversee certificate of occupancy issuance to prevent issuance without compliance of all departments  Attend staff and council meetings as mutually agreed upon  Responsible for reporting for County – frequency and content to be mutually agreed upon  Responsible for client and applicant satisfaction  Issue stop-work notices for non-conforming activities related to provided services – as needed As-Requested Building, Electrical, Plumbing, Mechanical Inspection Services  Consultant utilizes an educational, informative approach to improve the customer’s experience.  Perform code compliance inspections to determine that construction complies with approved plans  Meet or exceed agreed upon performance metrics regarding inspections  Provide onsite inspection consultations to citizens and contractors while performing inspections  Return calls and emails from permit holders in reference to code and inspection concerns  Identify and document any areas of non-compliance  Leave a copy or provide an electronic version of the inspection results and discuss inspection results with site personnel As-Requested Remote Plan Review Services  Provide plan review services electronically or in the traditional paper format  Review plans for compliance with adopted building codes, local amendments or ordinances  Be a resource to applicants on submittal requirements and be available throughout the process  Provide feedback to keep plan review process on schedule  Communicate plan review findings and recommendations in writing  Return a set of finalized plans and all supporting documentation  Provide review of plan revisions and remain available to applicant after the review is complete Reporting Services  Consultant will work with County to develop a mutually agreeable reporting schedule and format DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF Page 2 of 2 3. COUNTY OBLIGATIONS  County will issue permits and collect all fees  County will provide Consultant with a list of requested inspections and supporting documents  County will intake plans and related documents for pick up by Consultant or submit electronically 4. TIME OF PERFORMANCE  Consultant will perform Services during normal business hours excluding County holidays  Services will be performed on an as-requested basis  Building Official and Inspection Services will be performed as mutually agreed upon  Consultant representative(s) will be available by phone and email INSPECTION DELIVERABLES INSPECTION SERVICES Perform inspections within twenty-four (24) business hours of receiving inspection request(s) from County REMOTE PLAN REVIEW DELIVERABLES PRE-SUBMITTAL MEETINGS Provide pre-submittal meetings to applicants by appointment via telephone TURNAROUND TIMES Provide comments within the following timeframes: Day 1 = first full business day after receipt of plans and all supporting documents Project Type:  Single-family within  Multi-family within  Small commercial within (under $2M in valuation)  Large commercial within First Comments 7 business days 10 business days 10 business days 15 business days Second Comments 5 business days or less 7 business days or less 7 business days or less 10 business days or less 5. FEE SCHEDULE  County and Consultant will review the County Fee Schedule and valuation tables annually to discuss making adjustments to reflect increases in the costs incurred by Consultant to provide Services.  Beginning January 01, 2024 and annually thereafter, the hourly and flat rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) for the County or, if not reported for the County the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.  Consultant fees for Services provided pursuant to this Agreement will be as follows: Service Fee Schedule: Inspection Services • Building, Mechanical, Plumbing, Electrical • Residential and Commercial $115.00 per hour – eight (8) hour minimum Plan Review Services • Residential and Commercial 55% of County Plan Check Fee as established by ordinance or resolution Structural Engineering Plan Review $150.00 per hour – one (1) hour minimum Building Official Services $150.00 per hour – eight (8) hour minimum Hourly inspection time tracked will start when Consultant checks in at County or first inspection site. Time tracked will end when the inspector completes the last scheduled inspection or leaves County office. Time tracked will include travel time between inspection sites and all administrative work related to inspection support. DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 11 Eagle County Professional Services IT Final 8/15/2022 EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF 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 12/21/2022 RBN Insurance Services 303 E Wacker Dr Ste 650 Chicago IL 60601 Symone White 312-856-9400 312-856-9425 swhite@rbninsurance.com Hartford Fire Insurance Co.19682 SAFELLC-01 Hartford Casualty Insurance Co 29424SAFEbuiltHoldingCompany SAFEbuilt,LLC (See Attached) 444 Cleveland Ave,Suite 444 Loveland,CO 80537 Great American E&S Ins.Co.37532 Bridgeway Insurance Company 12489 Twin City Fire Insurance Co.29459 Lexington Insurance Company 19437 70106401 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y 83UENZV3951 10/3/2022 10/3/2023 2,000,000 B 1,000,000 X X X Y 83UENPY9100 10/3/2022 10/3/2023 D F X 10,000,000 X 8E-A7-XL-0002079-01 011170891 10/3/2022 10/3/2022 10/3/2023 10/3/2023 10,000,000 X 0 E X N 83WECE0623 5/12/2022 5/12/2023 1,000,000 1,000,000 1,000,000 C Professional Liability TER 4495168 10/3/2022 10/3/2023 Each Claim/Aggregate 10,000,000 Cyber Policy Number:ATB-6691227-01 Term:12/04/2022-12/04/2023 Carrier:TriSura Specialty Insurance Company Limit:$3M Agg Crime See Attached... Eagle County PO Box 850 Eagle CO 81631 DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: SAFELLC-01 1 1 RBN Insurance Services SAFEbuilt Holding Company SAFEbuilt,LLC (See Attached) 444 Cleveland Ave,Suite 444 Loveland,CO 80537 25 CERTIFICATE OF LIABILITY INSURANCE Policy Number:83KB0293891-22 Term:10/03/2022-10/03/2023 Carrier:Twin City Fire Limit:$1M Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents,and volunteers are listed as Additional Insured with respect to General Liability and Auto Liability as required by written contract. DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF AGENCY CUSTOMER ID: SAFELLC-01 LNORTZ -------------------LO C #: 0 -------� ACORD" � ADDITIONAL REMARKS SCHEDULE AGENCY IRBN Insurance Services POLICY NUMBER SEE PAGE 1 CARRIER I NAICCODE SEE PAGE 1 SEE P 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabllitv Insurance Named Insureds (continued): SAFEbuilt Arizona, LLC SAFEbuilt Carolinas, LLC SAFEbuilt Colorado, LLC SAFEbuilt Florida, LLC SAFEbuilt Georgia, LLC SAFEbuilt Illinois, LLC SAFEbuilt Louisiana, LLC SAFEbuilt New Mexico, LLC SAFEbuilt Ohio, LLC SAFEbuilt Oregon, LLC SAFEbuilt Texas, LLC SAFEbuilt Michigan, LLC SAFEbuilt Washington, LLC SAFEbuilt Wisconsin, LLC LSL Planning, LLC Meritage Systems, Inc. NAMED INSURED 444 Cleveland Ave, Suite 444Loveland, CO 80537 EFFECTIVE DATE: SEE PAGE 1 If required by a written contract, the following forms apply on a blanket basis. General Liability: Page 1 of 1 Form HG0001 09 16 Additional Insureds; Primary and Non-contributory; Waiver of Transfer of Rights of Recovery Against Others to Us Auto Liability: HA9916 0312 Commercial Automobile Broad Form Endorsement includes Additional Insureds and Waiver of Subrogation Workers Compensation: WC 00 03 13 Waiver Of Our Right to Recover from Others ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SAFEbuilt Holding CompanySAFEbuilt, LLC (See Attached) DocuSign Envelope ID: 04064AF9-C718-4753-BB0A-3871122612EF