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Home My WebLink About20162459.tiffDate of signature RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR ASBESTOS ABATEMENT (1020 9TH AVENUE) AND AUTHORIZE CHAIR TO SIGN - COMPREHENSIVE RISK SERVICES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services for Asbestos Abatement (1020 9th Avenue) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Comprehensive Risk Services, LLC, commencing upon full execution of signatures, and ending December 31, 2016, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services for Asbestos Abatement (1020 9th Avenue) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Comprehensive Risk Services, LLC, be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of August, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to Board BY Deputy Clerk to the Board APP' *'ED AS ounty Attorney g )a . at%) `ru4•K f 1 TYuc ;at Mike Freeman, Chair ��-( . Sean P. Conway, Pro-Tem USED A. Cozad LA 42 ara Kirkmeyer Steve Moreno Moreno cc: C-c-r/SG) PUCmw/C-2Z.lm7) W/5M/tCo 2016-2459 BG0018 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 25, 2016 To: Board of County Commissioners From: Toby Taylor Subject: 1020 9th Avenue Asbestos Recommendation This informal bid was performed to obtain pricing to remove asbestos from the building located at 1020 9th Avenue in Greeley prior to demolition. The low bid received was from Comprehensive Risk Services LLC and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Comprehensive Risk Services LLC for $6,549.20. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2016-2459 81 t AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & COMPREHENSIVE RISK SERVICES, LLC 1020 9TH AVE ASBESTOS ABATEMENT THIS AGREEMENT is made and entered into this 25 day of jk t,� , 201 by and between the County of Weld, a body corporate and politic of the State of Colorado, by anthrough its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Comprehensive Risk Services, LLC whose address is 4905 Lima Street, Denver, Colorado 80239, hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A, of which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of Contract Professional's Response to County's Request for quote to remove all asbestos containing materials from the site located at 1020 9th Ave. Greeley, CO., and dispose of in accordance with all applicable Federal, State and local laws, ordinances and regulatory requirements. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibit A. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, v24- within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated by either party at any time with notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the 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 the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional'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. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $6,549.20 which is the bid. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any K4- work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional 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 Contract Professional hereunder and Contract Professional 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. 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 Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore 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) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law. The Contract Professional agrees to indemnify and hold harmless Weld County for any claim related to asbestos exposure injury by any employee or subcontractor. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project 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. Contract Professional 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 Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, 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 Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. l) 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self- insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. The Contract Professional shall also, to the extent permitted by law, indemnify and hold harmless Weld County for all claims relating to the removal, transport, storage, and disposal of the asbestos. Further, the Contract Professional shall, to the extent permitted by law, indemnify and hold harmless Weld County for any claims relating to exposure to asbestos by future contractors hired to demolish the buildings, This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance: as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. w� Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Buildings & Grounds, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Comprehensive Risk Services, LLC Attn.: Kurtis Brewer, Project Manager Address: 4905 Lima Street, Denver, Colorado 80239 E-mail: kurtis.brewer(a,crs-info.com Phone: (970) 534-6066 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylorna,co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional shall comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. Contract professional is responsible for the removal and disposal of the asbestos and for complying with all applicable laws regarding the removal, transport, storage, and disposal of the asbestos. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 4\4' Weld ..rll / Jerk to the Bo- d BY: Deputy Cl APPROVED AS TO S TO FgRM �/ County Attorney IN WITNESS WHE OF, the parties hereto have signed this Agreement this Z5 day of B +- , 2011 . CONTRACT PROFESSIONAL: Comprehensip Risk Services, LLC By: "htiv . .. Name: 4E 4/f"/, drJ Title: v Date %/2-S /1,1'�' WELD CQ ...“ 0'; JdA0�� ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 'ThIAti3ev... ike Freeman, Chair AUG $1 2016 PROVED 0 SUBSTANCE: El Official or Department Head ._--t\i,/A_ Director of General Services QUOTE FORM Requested by Toby Taylor CD Re - CO G 44 VN $ 11,854.35 $ 6,549.20 0 0 o co r NOTES: Work Inclusions: This bid is for the abatement asbestos containing materials located in 1020 9th Ave. Greeley, CO. This is a turn -key abatement project to remove asbestos containing materials in their entirety: 1. The building is anticipated to be torn down the second week in August, 2016. All abatement actions shall be completed by this date so demolition can remain on schedule. 2. All asbestos containing materials are to be removed from the site and disposed of in accordance with applicable directives (see attached reports from Mahoney Environmental Consulting, Inc). 3. Permits must be included in price. Exception: Fees for permits through Weld County will be waived. 4. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 5. The report on the findings, locations and quantities of asbestos containing materials is attached. Contractor Intertech Environmental, Inc Comprehensive Risk Services, LLC Enviropro Services, Inc Scope Of Work: Asbestos Removal 1020 9th Ave. Greeley, CO. QUOTE FORM Requested by_Toby Taylor, Co 00 %- 1": - CD as 0 4+ Cl) 0 0 M ‘1: U) 00 y- $ 6,549.20 $14,280.00 NOTES: Work Inclusions: This bid is for the abatement asbestos containing materials located in 1020 9th Ave. Greeley, CO. This is a turn -key abatement project to remove asbestos containing materials in their entirety: 1. The building is anticipated to be torn down the second week in August, 2016. All abatement actions shall be completed by this date so demolition can remain on schedule. 2. All asbestos containing materials are to be removed from the site and disposed of in accordance with applicable directives (see attached reports from Mahoney Environmental Consulting, Inc). 3. Permits must be included in price. Exception: Fees for permits through Weld County will be waived. 4. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 5. The report on the findings, locations and quantities of asbestos containing materials is attached. Contractor Intertech Environmental, Inc Comprehensive Risk Services, LLC Enviropro Services, Inc Scope Of Work: Asbestos Removal 1020 9th Ave. Greeley, CO. INDEPENDENT CONTRACTOR AGREEMENT This Agreement (the "Agreement") is made on 07/20/16, by and between Weld County , (the "Company"), located at 1020 9th Avenue , Greely , Colorado 80631 in the County of Weld, and Intertech Environmental, Inc., (the "Independent Contractor" or "Contractor") located at of 2524 South Rifle Street, Aurora, Colorado 80013 RECITALS The Independent Contractor is secured to provide the services described below at the Company's principal place of business as aforementioned, or from the Contractor's principal place of business, if applicable, as aforementioned. The Independent Contractor represents that s/he has complied with all Federal, State and local laws regarding business permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement, and as such, provides his/her Employer Tax ID Number, it,- , and Business License Number,46-4172125 . The Independent Contractor is or shall remain open to conducting similar tasks or services for the Company, which may not be listed or described below, or for entities other than the Company and thus holds himself or herself out to the public to be a separate business entity. The Company desires to hire and contract the services of the Independent Contractor to perform those tasks as set forth herein. The Independent Contractor assents to this Agreement and to act and perform as an independent contractor for the aforementioned Company and is thus willing to do so on the terms and conditions as set forth herein. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained within this Agreement, the Parties agree as follows: INDEPENDENT CONTRACTOR REPRESENTATION The implementation of this Agreement does not constitute a hiring by either party. It is therefore the intention of the parties that the Independent Contractor shall maintain an independent contractor status and shall not be considered an employee for any purposes, including, but not limited to, the application of the Federal Insurance Contribution Act, Social Security Act, Federal Unemployment Tax Act, provisions of the Federal Internal Revenue Code, State Revenue and Taxations Code relating to income tax withholding, Workers' Compensation Insurance and other benefit payments and third party liability claims. Therefore, staying within the Scope of Work, the Independent Contractor shall retain sole and absolute discretion in the manner and means for the carrying out of his/her activities and responsibilities contained herein this Agreement. This Agreement shall not be construed or considered to be a partnership or joint venture, and the Company shall not be held liable for any obligations incurred by the Independent Contractor, unless otherwise specifically authorized as such in writing. The Independent Contractor shall not act as an agent or representative of the Company, superficially or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. RESPONSIBILITIES, DUTIES AND SCOPE OF WORK The Independent Contractor herein agrees to devote the necessary amount of time, energy and attention required to satisfactorily complete, conclude and/or archive the following duties/responsibilities: Containment, Removal, and Disposal of approximately, 1,950 Square feet of Non ACM Drop ceiling tiles, and associated grid and the removal of 1,200 square feet of OSHA Drywall. We will complete this work in the full containment to prevent fiber release during the removal, and as a precautionary measure. We will then begin the Abatement of; 6 (six) 1" mudded ACM fittings, 300 square feet of ACM textured sheetrock with joint compound as well. Also the removal of approximately 10 square feet of ACM black adhesive (dots), and or marks. All of our work will receive a final visual and final air clearances ran by a third party AMS. It is expected that the above detailed services, tasks and responsibilities shall be completed by 08/25/2016, barring any reasonably unforeseeable circumstances. FURTHERMORE, the Independent Contractor shall perform any and all responsibilities and duties that may be associated within the Scope of Work set for above, including, but not limited to, work which may already be in progress or any related change orders. The Independent Contractor shall have full discretion within the Scope of Work but shall not engage in any activity which is not expressly set forth by this Agreement without first obtaining prior written authorization. DOCUMENTS, RECORDS OR BOOKS Any and all documents, records or books which may be related to the Scope of Work, as set forth herein this Agreement, shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by the Company during regular working business hours. The documents, records and/or books to which the Company shall be entitled to inspect and receive copies of include, but are not limited to, any and all contract documents, change/purchase orders and work which has been authorized by the Company on existing or any potential project that are related to this Agreement. WORK SCHEDULE , EQUIPMENT AND SUPPLIES The Independent Contractor shall be responsible to the owner(s) and/or manager(s) of the Company . The Independent Contractor shall supply all necessary equipment, materials and supplies needed to complete the agreed upon Scope of Work. The Independent Contractor shall not rely solely upon the equipment or offices of the Company for completion of the tasks and duties set forth pursuant to this Agreement. Any directions or advice provided to the Independent Contractor regarding the Scope of Work shall be considered a suggestion only and not an instruction. COMPENSATION The Independent Contractor shall be entitled to full compensation for the performance of those tasks, responsibilities and/or duties related to the Scope of Work as follows: Compensation Terms: The balance is expected to be paid in full after (30), thirty days of receiving the final invoice and project closeout documents. Total Compensation Amount: $11,854.35 Said compensation shall become due and payable to the Independent Contractor upon receipt of an invoice by the Company and payable pursuant to the following schedule and method: Compensation Schedule: Within Thirty days after the Project Completion and Close out Documents have been recieved. Compensation Method: In the form of a Check TAX WITHHOLDING The Independent Contractor acknowledges and recognized that it shall complete and return to the Company an IRS Form 1099 and related tax statements, and shall be required by law to file corporate and/or individual tax returns, and to pay said taxes pursuant to all provisions of applicable Federal, State and Local laws. The Independent Contractor herein pledges and agrees to indemnify the Company for any damages or expenses, including any related attorney's fees, and legal expenses incurred by the Company as a result of Independent Contractor's failure to make such required payments. Upon the Company's reasonable request, the Independent Contract shall provide proof of required tax payments. BENEFIT RIGHTS WAIVER The Independent Contractor herein waives and foregoes any and all right to receive any benefits that may be provided by the Company to its regular employees, including, but not limited to, health benefits, vacation, retirement, profit sharing plans, sick leave, and any 401(k) plans. The Independent Contractor acknowledges and agrees that if any government agency or court of law claims that the Independent Contractor is an employee, s/he agrees to waive coverage under these plans. This waiver is applicable to all non -salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of his/her agreement with the Company. This waiver is effective independently of the Independent Contractor's employment status as adjudicated for taxation purposes or for any other purpose. NON -DISCLOSURE AND NON -COMPETE Representation and Warranties The Independent Contractor represents and warrants that his/her relationship with the Company will not cause or require that s/he breach any obligation to the agreement of or confidence related to any confidential, trade secret and/or proprietary information of any other person, company or entity. Furthermore, the Independent Contractor acknowledges that a condition of the relationship is s/he has not brought and will not bring or use in the performance of his or her duties at the premises of the Company any proprietary or confidential information, whether or not in writing, of a former contracted company without that company's written permission or authorization. The breach of this condition shall result in automatic termination of the relationship as of the time of the occurring breach. Except as otherwise noted on the back of the signature page hereof, there are no inventions heretofore made or conceived by the Independent Contractor that the Independent Contractor deems to be excluded from the scope of this Agreement and Independent Contractor hereby releases the Company from any and all claims by the Independent Contractor by reason of any use by Company from any invention heretofore made or conceived by the Independent Contractor. Non -Solicitation Clause The Independent Contractor shall not, throughout the duration of this Agreement and for a period of immediately following the termination of this Agreement, either directly or indirectly, call on, solicit, take away or attempt to do any of the such that which pertains to any of the customers or clients of the Company on whom the Independent Contractor called, contacted or may have become acquainted with during the fulfillment of the terms of this Agreement, either for his/her own benefit or for the benefit of any other individual, firm, corporation or organization. Non -Recruit Clause The Independent Contractor shall not throughout the duration of this Agreement and for a period of one year immediately following the termination of this Agreement, either directly or indirectly, recruit any of the Company's employees, customers, clients or management for the purpose of any outside business. During and after the Contractor's contract period with the Company, in the State of and for a period of following termination of employment, however caused, the Contractor, or his/her Subcontractors, shall not seek or gain employment with any newly formed business (business formed after termination of this Agreement) that is in competition with the Company, its subsidiaries or affiliates within described as or within a mile radius of the Company and the aforementioned business location. Non -Partnership or Ownership Clause Neither the Independent Contractor nor any of his/her representatives, agents or principals shall become or be considered an owner, partner, joint venture with or agent of the Company or any of its subsidiaries, affiliates or related companies or businesses by reason of this Agreement or their relationship with the Company unless otherwise declared or stipulated in a separate written agreement that has be signed and dated by all parties. Neither the Company, Independent Contractor nor any representative, agent, principal, officer or anyone who may be retained by the Independent Contractor shall have any authority to bind the other in any respect unless otherwise set forth in a separate written agreement which has been signed and dated by all parties. MARKETING, ADVERTISING AND PROMOTIONAL MATERIAL The Independent Contractor shall, at no time, promote or advertise, including such things as conducting marketing surveys, mass marketing, direct mailing programs or use of the internet in such advertising or promotional capacity, any the Company's services and/or products without first obtaining the Company's prior written authorization or consent. The Independent Contractor shall only make use of promotional and informational materials, including, but not limited to, Policy applications, marketing materials, training materials and other Company forms, which have been supplied to the Independent Contractor by the Company or that which has been approved in writing by an authorized agent, representative or official of the Company, collectively known as the "Materials." The Independent Contractor shall use the Materials in compliance and in accordance with the entire Company's Advertising Guidelines then currently in effect. Any such Materials made available to the Independent Contractor and approved by the Company shall in no way be reproduced, modified or altered in any respect or manner without first obtaining prior written approval. Any materials created by the Independent Contractor and approved by the Company shall not be modified or altered without the Company's prior written authorization or consent. The Independent Contractor herein allocates and agrees to allocate to the Company the complete and full copyright in any and all materials created or that may be created by the Independent Contractor throughout the course of this Agreement, and as such, the Independent Contractor agrees to promptly execute any such document(s), if any, that the Company may request and/or require to confirm the allocation of the copyright or to expedite the registration of the copyright in the Materials anywhere necessary. The Company reserves the right to request from the Independent Contractor, at any time, samples of any Materials which the Independent Contractor may be using to verify compliance with the terms and conditions of this paragraph, and furthermore, the Independent Contractor agrees to provide such samples to the Company within with in 30 days days of the Company's written request. RETURN OF COMPANY PROPERTY Upon the termination of this Agreement, or as per the request of either party, each party shall promptly and immediately deliver to the other party any and all property in its possession or under its care and control belonging to the other party, including but not limited to, proprietary information, customer names and lists, trade secrets, intellectual property, computers, equipment, pass keys, company identification, tools, documents, plans, recordings, software, and all related records and/or accounting/financial information. EXPENSES Both the Independent Contractor and the Company agree to maintain separate financial accounts with regards to all expenses related to performing the Scope of Work. The Independent Contractor shall be solely responsible for payment of all his/her out of pocket expenses incurred pursuant to this Agreement unless otherwise provided in writing by the Company. The Independent Contractor agrees to execute and deliver any agreements and documents prepared by the Company and to do all other lawful acts required to establish, document and protect such rights. WORK PRODUCT — WORK FOR HIRE The Independent Contractor herein acknowledges and agrees that all work of authorship performed for the Company shall be subject to the Company's direction and control and that such work constitute Work for Hire Work Product pursuant to United States Code Title 17 — Chapter 2 — Sections 201 & 202 Ownership of Copyright & Material. Any and all property and/or work created, developed, invented, devised, conceived or discovered by the Independent Contractor shall be subject to current copyright and/or other protections and are explicitly considered by the Independent Contractor and the Company to be "works made for hire" work product and thus shall be considered the sole property of the Company. The Company, hereinafter, shall be considered the Author of Program pursuant to the U.S. Copyright laws. Any and all works for hire shall be the sole exclusive property of the Company. Furthermore, consistent with the Independent Contractor's recognition of the Company's sole and complete ownership rights in the materials, the Independent Contract agrees to not make use of said proprietary information or any part thereof for the benefit of any party other than the Company. EXECUTION During and throughout the course of employment by the Company, and upon the request of and without any compensation other than that which is herein contained and provided, but at no expense to the Independent Contractor, the Independent Contractor shall execute any documents and take action which the Company may deem necessary or appropriate to ensure the implementation of all the provisions of this Agreement, including without limitation, assisting the Company in obtaining and/or maintaining any patents, copyrights or similar rights to any Proprietary Information assigned and allocated to the Company. The Independent Contractor further agrees that the obligations and undertakings herein stated within this section shall continue beyond termination of employment for any reason by the Company; however, should the Independent Contractor be called upon for any such assistance after termination of employment, then the Independent Contractor shall be entitled to fair and reasonable payment in addition to reimbursement of any expenses which may have been incurred at the request of the Company. SUSPEND OR ALTER WORK The Company reserves the right to inspect, stop and/or alter the work of the Independent Contractor to assure its conformity with this Agreement and the Company's needs. At any time, the Company may, without cause, order the Independent Contractor, by way providing No Notice Is Necessary days prior written notice, to suspend, delay or interrupt work or services pursuant to this Agreement, in whole or in part, for such periods of time as the Company, at its sole discretion, may deem fit or necessary. Any such suspension shall be affected by the delivery of a written notice to the Client of said suspension specifying the extent to which the performance of the work or services under this Agreement is suspended, and the date upon which the suspension becomes effective, which shall be no less than seven (7) calendar days from the date of the notice of suspension is delivered. The suspension of work and/or services shall be treated as an excusable delay. TERM AND TERMINATION OF AGREEMENT This Agreement shall be terminated at the conclusion of the Scope of Work or on 08/25/201611 may be terminated prior to the completion or achievement of the Scope of Work for reasonable cause by either party. Such termination shall not prejudice any other remedy to which the terminating party may be afforded or entitled, either by law, in equity or in accordance with the terms and conditions contained within this Agreement. TERMINATION OF AGREEMENT FOR CAUSE If at any time the Company believes that the Independent Contractor may not be adequately performing their obligations under this Agreement or may be likely to fail to complete their work/services on time as required by this Agreement, then the Company may request from the Independent Contractor written assurances of performance and a written plan to correct observed deficiencies in the Independent Contractor's performance. Any failure to provide such written assurances constitutes grounds to declare a default under this Agreement. The Independent Contractor, at such time, shall be deemed to be in default of this Agreement and the Company may, in addition to any other legal or equitable remedies available to the Company, terminate the Independent Contractor's right to proceed under this Agreement, for cause, should the Independent Contractor commit a breach of this Agreement and not cure said breach within ten (10) business days of the date of notice from the Company demanding such cure; or if such failure is curable but not within the ten (10) day period required, within such period of time as is reasonably necessary to accomplish such cure. In addition, in order for the Independent Contractor to avail itself of this time period in excess of ten (10) business days from the date of the notice, the Independent Contractor must provide the Company a written plan acceptable to and by the Company to cure said breach, and then diligently commence and continue such cure in accordance to the written plan provided. In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a Termination for Convenience, and the Independent Contractor shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered. TERMINATION FOR CONVENIENCE The Company may terminate performance of the Independent Contractor's work and/or services under the Agreement pursuant to this paragraph in whole, or in part, whenever the Company shall determine that termination is in their best interest. Termination shall be effected by delivery of a written notice to the Independent Contractor of termination specifying the extent to which performance of the work and/or services under this Agreement is terminated, and the date upon which termination shall become effective, which shall be no less than twenty-one (21) business days from the date the notice of termination is delivered. The Independent Contractor shall then be entitled to recover any costs expended up to that point plus a reasonable profit, but not other loss, damage, expense or liability may be claimed, requested or recovered. Except as provided in this Agreement, in no event shall the Company be liable for any costs incurred by or on behalf of the Independent Contractor after the effective date of the notice of termination. The termination pursuant to the provisions contained within this paragraph shall not be construed as a waiver of any right or remedy otherwise available to the Company. PROFESSIONAL CONDUCT The Independent Contractor shall be required to treat all Company employees, customers, clients, business associates and partners and other affiliates with complete respect and responsibility. The Independent Contractor shall be required to comply with all laws, governing their profession, licensing requirements and other laws or regulations that will permit them to complete the Scope of Work. LICENSING , GENERAL LIABILITY INSURANCE AND WORKERS' COMPENSATION COVERAGE The Independent Contractor herein agrees to promptly provide to the Company proof of the necessary licensing status that may be required to perform the Scope of Work in accordance with the terms and conditions of this Agreement , General Liability Insurance, upon request of the Company, and Workers' Compensation Coverage where required by law. INDEPENDENT CONTRACTOR EMPLOYEES All persons which have been hired by the Independent Contractor to assist in the performance of the duties, tasks and responsibilities that are necessary to complete the Scope of Work, shall be considered the employees of the Independent Contractor, unless otherwise specifically noted in an agreement signed by all parties. The Independent Contractor shall immediately provide proof of Workers' Compensation insurance and General Liability insurance on said employees, upon request of the Company. NOTICES Any and all notices, which may be required hereunder by any party to the other party, shall be executed by either personal delivery in writing, or by mail, registered or certified, postage pre -paid with a return receipt requested. Mailed notices must be addressed to the parties at the addresses herein contained in this Agreement. However, each party may change their address, thus requiring written notice of such change of address in accordance with this section. Any hand delivered notice shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated after five (5) days of mailing. The Independent Contractor herein agrees to keep the Company informed of any change of business and/or mailing addresses, as well as telephone, facsimile, email; pager number or any other relevant means of contact and communication. LEGAL FEES Should any party initiate litigation, arbitration, mediation or any other legal proceeding ("Proceeding") against another party to enforce, interpret or otherwise seek to obtain legal or judicial relief in connection with this Agreement, the prevailing party in said proceeding shall be entitled to recover from the unsuccessful party any and all legal fees, cost, expenses, attorney's fees and any other cost or expense and fees arising from (a) such proceeding, whether or not such proceeding progresses to judgment, and (b) any post -judgment or post -award proceeding, including without limitation, one to enforce any judgment or award resulting from any such Proceeding. Any such judgment or award shall contain a specific provision for the recovery of all such attorney's fees, costs, and expenses, as well as specific provisions for the recovery of all such subsequently incurred costs, expenses and actual attorney's fees. MEDIATION AND ARBITRATION In the event that a controversy should arise between the parties to this Agreement which would involve the construction or application of any of the terms, provisions or conditions of this Agreement, a written request of either party served on the other, shall be submitted first to mediation and if the issue cannot be resolved, it shall then proceed to binding arbitration. Mediation or binding arbitration proceeding shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes, unless said Parties stipulate otherwise, or in such proportions as the arbitrator shall decide. INJUNCTIVE RELIEF The Independent Contractor herein acknowledges (1) the unique nature of the protections and provisions established and contained within this Agreement, (2) that the Company shall suffer irreparable harm if the Independent Contractor should breach any of said protections or provisions, and (3) that monetary damages would be inadequate to compensate the Company for said breach. Therefore, should the independent Contractor cause a breach of any of the provisions contained within this Agreement, and then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions. INDEMNIFICATION The Independent Contractor shall defend, indemnify, hold harmless, and insure the Company from any and all potential damages, expenses or liabilities which may result from or arise out of any negligence or misconduct on part of the Independent Contractor, or from any breach or default of this Agreement which may be caused or occasioned by the acts of the Independent Contractor. The Independent Contractor shall also insure that all of its employees and affiliates take all actions necessary to comply with all herein contained terms and conditions established and set forth in this Agreement. Furthermore, the Independent Contractor shall name the Company as an additional insured on all related insurance policies including worker's compensation and general liability. ENTIRE AGREEMENT This Agreement shall be considered a separate and an independent document of which it shall supersede any and all other Agreements, either oral or written, between the parties hereto, except for any separately signed Confidentiality, Trade Secret, Non -Compete or Non -Disclosure Agreements to the extent that these terms are not in conflict with those set forth herein. REPRESENTATION All parties to this Agreement herein acknowledges that no representation, inducements, promises or other agreements, orally or otherwise, have been made by any party hereto, or by anyone action on behalf of any party hereto, which are not included herein, and that no other agreement, statement or promise not contained within this Agreement shall be valid or binding. Any alteration or modification of this Agreement shall be effective only when done so in writing, signed and dated by all parties hereto. SEVERABILITY Should any term, condition, or provision of this Agreement be deemed or held to be invalid or unenforceable for any reason, those remaining terms, conditions and provisions shall remain valid and enforceable. Should a court of law determine that any term, condition or provision of this Agreement is invalid or unenforceable, but that by limiting such term, condition or provision it would become valid and enforceable, then such term, condition and/or provision shall be deemed to be written, construed and enforced as so limited. CONTINUING EFFECTS The Independent Contractor's obligations with regards to all trade secrets and confidential information, shall continue to be in effect beyond the scope of the relationship as aforementioned, and said obligations shall continue to be binding upon not only the Independent Contractor, but the spouse, affiliates, assigns, heirs, executors, administrators and/or other legal representatives as well. COUNTERPARTS This Agreement, at the discretion of the parties herein, may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute a single integrated document. SEVERABILITY In the event that any provision, clause, sentence, section or other part of the Contract is held to be invalid, illegal, inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to any person or circumstance, the balance of the Agreement shall nevertheless remain in full force and effect so long as the Purpose of the Agreement is not affected in any manner adverse to either party.. MODIFICATIONS All parties have the option to modify this Agreement, and as such may be modified in writing and executed by the party to this Agreement against whom such modification is sought. WAIVER If either party fails to enforce any provision contained within this Agreement, it shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. DRAFTING AMBIGUITIES All parties to this Agreement have reviewed and had the opportunity to revise this Agreement, have had the opportunity to have legal counsel review and or revise this Agreement. The rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or of any amendments or exhibits to this Agreement. JURISDICTION AND VENUE This Agreement is to be construed pursuant to the current laws of the State of Colorado. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of Colorado, in the County of Weld. COPIES Both the Independent Contractor and the Company hereby acknowledges that they have received a signed copy of this Agreement. THE UNDERSIGNED HAVE READ, UNDERSTAND and ACCEPT THIS AGREEMENT,and by signing this Agreement, all parties agree to all of the aforementioned terms, conditions and policies. Sterling Geesaman Company and, or Owners Representative Weld County 07/20/2016 President / Owner Colorado Department of Public Health and Environment General Abatement Contractor This certifies that Intertech Environmental, Inc. GAC No.: 20855 has met the certification requirements of 25-7-507, C.R.S. and Air Quality Control Commission Regulation No. 8, Part B, and is hereby authorized to perform asbestos abatement activities in the state of Colorado. Issued: January 07, 2016 Expires: January 28, 2017 ;.�./.,. Authorized AYCJ R prescntatiVe SEAL ii 2524 5 R4& ≤ . Ate, CO 20013 tit: (120)2S1170 D{{:e&: (303T/5S-5316 LIST OF REFERENCES Updated June 17`h, 2016 Miguel Celaya (Home Owner) Phone: 301726.2133 Address: 3223 Vance Street, Wheat Ridge, Co 80033 Colorado Permit Number — 14DE4044A Tri Construction (GM Properties) Marcelino Escalante (General Contractor) Phone: 720.418.0868 Fax: 720.389.9194 Cell: 303.881.7640 Address: 7799 West Second Avenue, Lakewood, Co 80226 Colorado Notice Number — 14DE6750A Queen of Peace Catholic Church Mr. Dennis Haberkom (Contact) Phone: 303.364.1056 Email: den' hab rl.orri rr quc�notp,:aLe net Address: 13120 East Kentucky Avenue Aurora, Co 80012 Minor Asbestos Repair & Mold Remediation Mike Unruh (Home Owner) Phone: 303.725.8624 Address: 3410 West 36th Denver, Co 80211 Nova Tech (Previously called Elite) Benjamin Villalobos (Owner) Phone: 303.842.1697 Address: 3250 Mowry Place Westminster, Co 80031 Nick Nipple (Home Owner) Phone: 818.333.6772 Address: 621 25 Road Grand Junction, Co 81505 Lannie Green (home Owner) Phone: 228.265.0301 Address: 2687 Newport Street Denver, Co 80207 Courtesy Call Notice (Osha Regulated Removal) Hired as Sub Contractors for Nova Tech Colorado Permit Number— 14ME1713A Colorado Permit Number — 14DE 1647A Weld County Mr. Toby Taylor (Contact) Phone: 970.356.4000 Email: tta\: lor•4 co.v eld.co.0 Address: 1105 H Street Greely, Co 80631 Colorado Permit Number- 16WEI503N l4.12 s , tom. )20.251.5761 Otp.44.s Ove4 Twt.44y F+ti; Y44 0� K:.oih 4cl 2524 S R4l2 Sx. A, , C0 '0093 C' Lt: o20)2S1-Po O c (303}7SS-5316 tRaqouA Qreo,L Raquel Ojedif 16 Years of Experience) Certification 459 P-,.sident 1 Owner 1•ntertech Environmental, Inc. (;AC# 20855 Donnie Pennington 111(12 Years of Experience) Certification # 11887 Project Coordinator / Estimator lntertech Environmental, Inc. Iced &W.:4~04444 N.G. 720.2S1.3?61 MIAMI Ova TiVt444j Ves.44 0( 14.04 It INTER42 OP ID: BL ACOR'CD' CERTIFICATE OF LIABILITY INSURANCE DATE (NM/DD/YYYY) 04/1112016 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 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 Six & Geving Insurance, Inc. 3630 Sinton Road, Suite 200 Colorado Springs, CO 80907-5034 Linda Krueger Phone: 719-590-9990 Fax: 719-590-9992 INSURED Intertech Environmental, Inc. Raquel Arredondo de Ojeda 2524 S. Rifle St. Aurora, CO 80013 NAME: Eteckie L AMarke PHONE 4AJC NoExty719-590-9990 _noon`REss, plarke@six-geving.com iIAX NC, No)- 719-590-9992 INSURER(S) AFFORDING COVERAGE INSURER A :Arch Specialty Ins Co INSURER a :Arch Insurance Company INSURER c : Pinnacol Assurance INSURER D : INSURER E_ INSURER F : NAIL a 21199 11150 41190 COVERAGES CERTIFICATE NUMBER: 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 -- .. TYPE OF INSURANCE LTRINSR M L SUER ! MD POLICY EFF POLICY NUMBER (MM/DDIYY'M POLICY EXP (MMIOD/YYYYR LLMnS GENERAL LIABILITY EACH OCCURRENCE S 5,000,000 A X COMMERCIAL GENERAL LIABILITY 12EMP05244-02 02/21/2016 02/21/2017 TO PRMRENTED PREMMI ESESS ( R NTED rece� $ 50,000 _..__..__I _- CLAIMS -MADE I X I OCCUR MED EXP (Any one person) S 5,000 PERSONAL 8 ADV INJURY 'LMTS INCR 3114/16 S *5,000,000 1 GENERAL AGGREGATE 5 `5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S '5,000,000 POLICY X PET I 1 LOC 5 AUTOWIill F Maury FBINED SINGLE LIMIT Ea accident) S 1,000,000 B ANY AUTO 11 CAB92425-02 02/2112016 02/21/2017 BODILY INJURY (Per person) S ALL OWNED Fil SCHEDULED AUTOS BODILY INJURY (Per accident) S X I I NON -OWNED HIRED AUTOS I X i AUTOS PROPERTY DAMAGE fPer amsideM) S b _� UMBRELLA LILB EXCESS LIAR _ OCCUR CLAIMS -MADE ,! EACH OCCURRENCE '_AGGREGATE 5 DED RETENTIONS , S WORKERS COMPENSATION X I WC STATU- 1OTH- i TORY UMfTS I ER C AND EMPLOYERS' LIABILITY ANY PRC RIETORIPARTNEREEXECUTIVE Y 1 N 4189907 '. 02/17/2016 03/01/2017 _t EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory M NH) Y N i A (COLORADO) j EL DISEASE- EA EMPLOYEE S 1,000,Ood DES +CRIPTIOPTION OF OPERATIONNOder DESS beldnv E.LDISEASE-POLICY LIMIT S 1,000,000 A CPL Pollution Liab 12EMP05244-02 02121/2016 02121/2017 Per Occur *5,000,000 'LMT INCR 3/14/16 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) PROOF OF INSURANCE ONLY, V r_.N r rr ,.,r„ ,_ ...,�.,". OREIL-1 Weld County Commercial Building 1020 9th Avenue Greely, Co 80631 I SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (1)\ ck bct-0 -QJ't- ACORD 25 (2010/05) -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD W-9 State of Colorado 5Jes:cute .ill, Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Name cos s;dwnoryour :rooms taxreturn)RAQUEL ARREDONDO OJEDA Business name/disregarded entity name, if different from above INTERTECH ENVIRONMETAL INC. Check appropriate box for federal tax classification �''"" (^ ndividualiSole Proprietor or C Corporation ,/ s Corporation Panne -snip single member LLC C t Limited liability company Enter the tax classification (C=C corporation S=S corporation P=partr.ersl•ipi z.ee sr.ve-rerntref,....C'•a-.s _ c,areeo no 00 crece _..C :red, vrok ember ex* .r Other(seeinstructions)- Government Trustiestate Exemptions (codes apply only to certain entitiesnot incividuals see instructons on Page 31 Exempt payee code (if any) Exemption from FATCA reporting code iif any) :aw,ms r..:aura ma rnvoca aanwc: 0 v5 Address (number, street. and apt or suite n0 l 2524 S. RIFLE ST. City. state, and Z'P code AURORA co 80013 Purchase Order address if different (optional) st account number(s) here (optional Contact name Contact Email RAQUEL ARREDONDO OJE6 intertechen c hotmail.com Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the -Name" line to avoid backup withholding. For individuals. this is your social security number (SSN). However for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3 For other entitles, it is your employer identification number (EIN) If you do not have a number see How to get a PA/ on page 3 Note. If the account is in more than one name: see the chart on page 4 for guidelines on whose number to enter. ISocial security number 523-99-2201 I Employer identification number 1 46-4172125 .- Certification Under penalties of perjury. I certify that: 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and 2 I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 I am a U S citizen or other U.S person (defined below). and 4 The FATCA code(s) entered on this form (rf any) indicating that I am exempt from FATCA reporting is correct Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property. cancellation of debt contributions to an individual retirement arrangement (IRA). and generally. payments other than interest and dividends. you are not required to sign the certification but you must provide your correct TIN See the instructions on page 3. Sign Here ) Signature of r / I U.S. person •.i%.L11 .f f L Have you ever worked for the State of Colorado? Have you ever worked for a PERA Employer? Business Types (check all that apply): NMI PIM Mos WWI CO Location/HQ in CO CO Location/HQ out of CO No CO Location/HQ in US No CO Location/HQ out ot US Has Paid Compensation Tax Has Not Paid Compensation Tax African American Asian Pacific American Subcontinent Asian American Hispanic American Native American CDOT Certified Emerging Small Business COOT Certified Disadvantaged Small Business Women Owned Woman Business Enterprise 0 Yes O Yes NMI ION r moor Date • 03/15/2016 © No ® No Veteran Owned Disabled Vet Business Enterprise Disadvantaged Veteran Enterprise Service Disabled Veteran Vietnam Veteran Veteran Business Enterprise Disadvantaged Business Enterprise Small Disadvantaged Business Disabled Owned 8(A) Designation HUBZone Certified Labor Surplus Historical Black Colleges & Universities Small Business Air port Concession Disadvantaged Business BID/PROPOSAL AND SERVICES AGREEMENT 1020 9th Ave Greeley CO Comprehensive Risk Services, LLC ("CRS") 4905 Lima Street, Denver, Colorado 80239; (855) 665-3345) submits this proposal to Weld County ("Client") for the work described below. If Client accepts the proposal, then the parties' agreement consists of the terms and conditions that follow. Proposal A. CRS is a licensed contractor (AZ ROC 275441; CO GAC 17012, CO Class D 245294) that provides environmental safety services. B. Client has requested a proposal (or bid) from CRS to provide services for Client's project ("Project") described in the scope of work attached as Exhibit 1 ("Work") and incorporated into this proposal. C. Subject to the terms and conditions in this Bid Proposal and Agreement ("Agreement"), CRS proposes to perform the Work for $6,549.20 ("Bid Price"). The Bid Price includes labor, applicable taxes, and materials. Additional charges not in the Bid Price may be in the Agreement. D. The Bid Price is subject to the following terms and conditions. 1. CRS shall perform the Work in compliance with applicable EPA and OSHA laws and regulations. 2. CRS shall properly dispose of all Project waste at approved sites in accordance with applicable laws and regulations. 3. CRS shall pay for all permits required for the Work. 4. CRS shall perform all air clearance. 5. CRS all utilities required by CRS to perform the Work. 6. Client shall allow commercial waste bins to be placed as close as reasonably possible to Project demolition areas. 7. Client shall weatherproof Client's buildings and other property during the Work, and Client shall prepare all completed Work for installation of new building materials. 8. Costs related to substrate conditions unknown or undisclosed to CRS are not included in the Bid Price. 10. This proposal expires on 1/19/17 Agreement Client accepts CRS's Proposal. Now, therefore, in consideration of the Proposal and the mutual covenants that follow, CRS and Client agree as follows. 1. The Work. CRS shall perform the Work (described in Exhibit I) in accordance with applicable industry standards and in conformance with applicable laws and regulations. 2. Payment. Client shall pay the Contract Price (the Bid Price accepted by Client as adjusted by change order, if any) in monthly installments invoiced to Client. Client shall pay each installment within 30 days of the invoice's date. If Client fails to pay any invoice within 30 days, Client shall pay CRS interest on the delinquent balance at the rate of 1.5% per month (or part of a month) until the balance due is paid in full. 3. Schedule. CRS shall perform the Work in accordance with the Project Schedule attached as Exhibit 2. The Project Schedule may depict dates by which Client must perform certain tasks, and Client shall perform those tasks by the dates indicated. If CRS is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control (such as force majeure), Client shall reasonably extend all related Project Schedule deadlines, including the deadline to substantially complete the Work. 4. Access. Client shall provide reasonable access to the Project site, including access to buildings and other improvements, as necessary to enable CRS to perform the Work. By signing this Agreement, Client authorizes CRS to proceed with the Work and grants CRS access to the site. 5. Indemnity. Client shall defend, indemnify, and hold harmless CRS, its affiliated companies, and all of their respective owners, directors, officers, employees, and agents (collectively "CRS Indemnitees") for, from, and against all claims, liabilities, losses, demands, penalties, forfeitures, suits, damages, judgments, costs and expenses, including attorneys' fees and expert witness fees (collectively "Claims"), arising out of or relating to: (1) Client's negligent or intentional misconduct; and (2) fire, wind, water, or rain after fireproofing or other insulation has been removed. Notwithstanding the foregoing, Client shall not defend, indemnify, and hold harmless the CRS Indemnitees for Claims caused by CRS's negligence or intentional misconduct. CRS shall defend, indemnify, and hold harmless Client, its affiliated companies, and all of their respective owners, directors, officers, employees, and agents (collectively "Client Indemnitees") for, from, and against any and all Claims arising out of or relating to CRS's negligence or intentional misconduct in performing the Work. Notwithstanding the foregoing, CRS shall not defend, indemnify, and hold harmless the Client Indemnitees for Claims caused by Client's negligence or intentional misconduct. 6. Limited Warranty. CRS warrants to Client (and only to Client) that the Work performed by CRS. when completed, will conform to industry standards and laws and regulations applicable to the Work. For a period of six months after substantial completion of the Work, CRS at its own expense shall repair or remediate any defect in the Work. This is Client's exclusive remedy for breach of this limited warranty. THE LIMITED WARRANTY IN THIS SECTION IS PROVIDED IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES. CRS/COCAT DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF THE WORK'S MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE. IF ANY IMPLIED WARRANTIES OTHERWISE APPLY, THEY ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SPECIFIED IN THIS SECTION (SIX MONTHS). Client shall immediately notify CRS in writing of any alleged defect in the Work. But CRS is not liable for defects in the Work (including latent defects) for which Client does not notify CRS within six months of substantial completion of the Work. 7. Limitation of Liability. CRS'S TOTAL LIABILITY TO CLIENT UNDER THIS AGREEMENT AND FOR THE WORK IS LIMITED TO DIRECT DAMAGES NOT EXCEEDING THE CONTRACT PRICE. CRS IS NOT LIABLE TO CLIENT FOR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE WORK, WHETHER CLIENT ALLEGES LIABILITY (FOR CONSEQUENTIAL DAMAGES) IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE. CRS IS NOT LIABLE TO CLIENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PENAL LOSS OR DAMAGE OF ANY NATURE WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF USE), EVEN IF CRS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. Client may not bring any action arising out of this Agreement more than two years after the date the cause of action accrues. 8. Precedence Clause. If the Parties here identify a pre-existing contract, this Agreement shall constitute a modification to the pre- existing contract and such pre-existing contract's terms shall take precedence over the terms contained in this Agreement in the event of an irreconcilable conflict. Prior Existing Contract: 9. Insurance. CRS shall purchase and maintain the following insurance; General Liability -$1 million each occurrence, $2 million aggregate, Pollution liability -$1 million each occurrence, Professional liability -$1 million each occurrence, Automobile liability -$1 million each occurrence, Umbrella liability -$3 million each occurrence and $3 million aggregate, Workers Compensation -$1 million each accident. Certificates of insurance naming Client as an additional insured are available upon request. 10. Miscellaneous. This Agreement must be interpreted in accordance with Colorado law, without giving effect to its conflict -of -law rules. Any litigation filed by either party to enforce this Agreement must be filed in Denver, Colorado or the county in which the work occurred. The parties may modify this Agreement only by written change order signed by them. If either party fails to insist on performance of any term or condition of, or fails to exercise any right or privilege under, this Agreement, the failure does not waive the term, condition, right, or privilege. This Agreement constitutes the parties' final, integrated agreement. Any statement, representation, promise, or inducement in any other agreement is null and void, and not binding on either party. The parties do not intend to benefit any other person or entity by this Agreement, and no person or entity other than Client is a beneficiary of the Agreement's limited warranty. In witness whereof, CRS has executed this proposal on the date indicated below. If Client accepts the Proposal, Client has executed this Agreement to be effective, both parties agree, on the date next to Client's signature. As proposed: Comprehensive Risk Services, LLC Dated By Its As agreed: Weld County (Client) Dated By Its 2 Exhibit 1 CRS Scope of Work CRS will perform the following Scope of Work: Exhibit 2 Project Schedule (if applicable) CRS will perform the the Scope of Work in accordance with the following Project Schedule: E NV IRO PRO ENVIROPRO SERVICES, INC. PROPOSAL DATE: July 21, 2016 PROPOSAL NUMBER: 16-045 PROJECT LOCATION: Commercial Property 1020 9th Avenue Greeley, CO 80631 PROPOSAL SUBMITTED TO: Sterling Geesaman Weld County 2110 "0" Street Greeley, CO 80631 ATTN: EnviroPro Services, Inc. Aurora, Colorado 80018 (720) 298-4190 Mobile enviroprosvcs@gmail.com Sterling Geesaman Mobile: +1 (970) 518-2808 Email: seesaman@co.weld.co.us SPECIFIC PROJECT REQUIREMENTS PROJECT DESCRIPTION & AMOUNT Bid 1. Removal and manifested disposal of approximately 300 Sq. Ft. of ACM drywall wall in the east side of the main room. This work will be performed under full containment. 2. Removal and manifested disposal of approximately 6 joint elbows on 1 inch pipes. Work will be completed under secondary containment and glove -bag method. 3. Removal and manifested disposal of approximately 1,200 Sq. Ft. of OSHA drywall walls located throughout the house. This work will be performed under secondary containment. All work stated above will be completed utilizing a state certified asbestos supervisor, certified asbestos workers, utilizing wet removal methods to include HEPA vacuuming and wet wiping. The asbestos containing material will be properly bagged and transported for disposal to Waste Management Landfill located at Hampden & Gun Club Rd. Aurora, CO. INVESTMENT STRUCTURE The removal and disposal of asbestos containing materials listed above will be completed for a total lump sum estimated at $14,280.00 BID: Labor $ 6,940.00 Material $ 2,570.00 Equipment $ 2,799.00 Disposal $ 1,571.00 Permit $ 400.00 AIR MONITORING EnviroPro Services, Inc. assumes OWNER OR OWNER'S REPRESENTATIVE WILL contract with Mahoney Environmental Consulting, Inc or any other Air Monitoring Specialist for the final visual inspection and air clearances. `Section IIl.A.1.e. of Regulation No. 8 Part B — Asbestos' states "To prevent any real or potential conflicts of interest, Building Inspectors (Air Monitoring Specialists and Project Designers) identifying ACM must be independent of the GAC that will subsequently abate the ACM identified." REMOVAL PROCEDURES TO BE UTILIZED EnviroPro Services, Inc. utilizes federal, state and local rules and regulations as minimal guidelines while conducting abatement procedures. OTHER SPECIFIC PROJECT REQUIREMENTS All movable items must be removed prior to starting work. EnviroPro Services will supply adequate electrical power and cold potable water throughout the duration of this project. EnviroPro Services, Inc. will not be held responsible for damage including, but not exclusive of, staples or tape for required critical barriers and/or containment, to doors, windows, walls, floors, roofs and ceilings of the property. SCHEDULE EnviroPro Services, Inc. can determine schedule for this project, upon receipt of the proposal with your authorized signature. Work hours will be 8:00 am to 4:30 pm, 8 hours per day based on a workweek Monday through Friday. Bid will be completed within 5 to 8 working days from the start date. EnviroPro Services, Inc. Aurora, Colorado 80018 (720) 298-4190 initial GENERAL PROJECT REQUIREMENTS 1. EnviroPro Services, Inc. will conduct OSHA air monitoring as per Federal, State and local regulations. 2. When removing flooring and flooring mastics the following items are not the responsibility of EnviroPro Services, Inc. a Staining of any sub -floor surfaces including but not limited to wood, concrete, and leveling compounds b Dissipation of solvents due to stress fractures or dissipation caused by other subsurface conditions c Multiple layers of tiles and mastics unless noted otherwise in this proposal 3. When removing roofing materials EnviroPro Services, Inc. assumes that the roof is of solid construction and that the roof planks are contiguous and without gaps. When removing roofing materials it is the responsibility of others to insure weather protection and layout the areas to be removed. 4. EnviroPro Services, Inc. has included a one-time mobilization and demobilization cost for the above project amount. Any additional mobilization costs will be invoiced at $ 95.00 per hour, plus applicable trucking costs. 5. All proposal amounts are based on regular time hourly rates, unless otherwise indicated. 6. EnviroPro Services, Inc. can proceed with the work ten working days after award of the contract, if the project exceeds 260 lineal feet, 160 square feet or the volume of one 55 gallon drum. A ten-day notification is not required for projects less than this. Operations and Maintenance projects will be scheduled according to our availability. The project notifications are requirements of the CDPHE. 7. OSHA standard 29 CFR 1926.1101(k)(1)(i) states: Building and facility owners shall identify the presence, location and quantity of asbestos containing material (ACM) and/or presumed asbestos containing material (PACM) at the work site. 8. OSHA standard 29 CFR 1926.1101 (k)(1)(ii) states: Building and/or facility owners shall notify the following persons of the presence, location, and quantity of ACM or PACM, at the work sites in their buildings and facilities. Notification either shall be in writing, or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives: (A) Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material: (B) Employees of the owner who will work in or adjacent to areas containing such material: (C) On multi -employer work sites, all employers or employees who will be performing work within or adjacent to areas containing such materials: (D) Tenants who will occupy areas containing such material. 9. Certified technicians who are trained in the applicable Federal, State, and Local rules and regulations will execute all project phases. 10. EnviroPro Services, Inc. will conduct air monitoring in accordance with OSHA regulations. 11. All persons authorized to enter the abatement area will be required to have a current medical exam, to be fit tested for respirator use, sign in and out of the abatement area, and utilize proper decontamination methods. 12. All required medical surveillance and examinations are conducted and recorded per OSHA regulations. 13. All regulated areas will be posted in compliance with all EPA regulations and OSHA standards. All signs must remain in place until final air clearance is established. 14. All personnel conducting asbestos removal or management will be certified in the applicable discipline as per local, state, and federal regulations. 15. All contaminated materials will be disposed of in an approved sanitary landfill per the regulations. EnviroPro Services, Inc. Aurora, Colorado 80018 (720) 298-4190 initial 3 16. Owner to provide all necessary electricity, hot and cold potable water, and sufficient storage space for non -contaminated materials and equipment. All non -stationary items are to be moved by others prior to the start of the abatement project. It will be the owner's responsibility to make sure all HVAC systems within the containment areas are shut down and locked out. Owner must notify EnviroPro Services, Inc. of any other hazardous materials that we may come in contact with, and supply us with the Material Safety Data Sheets (MSDS) for those materials. 17. Areas which require abatement will be accomplished by utilizing Class I, Class II or Class III operations per OSHA regulation 29 CFR 1926.1101. 18. EnviroPro Services, Inc. will provide copies of all air monitoring results, notifications, disposal manifests, and other related documents to the owner. 19. Any alterations or deviations from the above proposal involving extra costs will be executed upon verbal or written approval by the owner or owner's representative. Extra costs will be added to the above proposal. 20. All EnviroPro Services, Inc.'s employees are covered by statutory Workers Compensation Insurance. 21. All agreements contingent upon strikes, accidents, or delays beyond EnviroPro Services, Inc.'s control. Owner to carry fire, tornado, and other necessary insurance. Owner is responsible for the liabilities of hazardous chemicals and/or materials that exist on site. 22. CUSTOMER agrees to pay for all labor, materials supplies and services involved in regard to this estimate for remediation. 23. Customer agrees to make payment directly to EnviroPro Services, Inc. for any and all work performed, whether or not such work is covered by insurance. Customer shall pay EnviroPro Services, Inc. the amount of each invoice no later than ten days following customer's receipt of the invoice. Any balance(s) remaining 10 days after receipt of invoice, will be charged interest at a rate of 10% per annum. 24. If customer defaults in any of its obligations hereunder, EnviroPro Services, Inc. may pursue means to recover all amounts due this contract plus all expenses, costs of collection and reasonable attorneys fees and expenses incurred by EnviroPro Services, Inc. as a result of customers breach or EnviroPro Services, Inc.'s enforcement of this contract. All collection related fees assessed to collect outstanding balance(s) and/or obtain mechanical lien(s), Including interest, will be solely the responsibility of the customer, in accordance with the laws of the State of Colorado. 25. The person executing this authorization below for CUSTOMER represents and warrants that he/she has authority to do so and that this authorization shall constitute a valid and binding agreement of the CUSTOMER. 26. CUSTOMER acknowledges they are responsible for the deductible portion of the policy if covered by insurance. 27. Down payment of $3,570.00 due prior to commencing work. Total balance of $ 10,710.00 due upon completion of the work. Please make check payable to EnviroPro Services, Inc. This proposal may be withdrawn if not accepted within thirty (30) calendar days. 28. EnviroPro Services, Inc. is expressly authorized to sign any required disposal forms on behalf of the owner(s) or generator of any waste removed from the site. EnviroPro Services, Inc. Aurora, Colorado 80018 (720) 298-4190 initial ACCEPTANCE OF PROPOSAL DATE: PROPOSAL #: July 21, 2016 16-045 PROPOSAL SUBMITTED TO: Sterling Geesaman Weld County 2110 "0" Street Greeley, CO 80631 ATTN: PROJECT LOCATION: Sterling Geesaman Mobile: +1 (970) 518-2808 Email: sgeesamanAco.weld.co.us Commercial Property 1020 9th Avenue Greeley, CO 80631 SUBMITTED BY: EnviroPro Services, Inc. Mauricio Palacios ACCEPTANCE: The above ENVIRONMENTAL SERVICES proposal is accepted as quoted and you are authorized to proceed with the work specified at the contract value $ 14,280.00 Base Bid. *Any balance(s) remaining 30 days after completion of work performed, will be charged interest at a rate of 10% per annum. All collection related fees assessed to collect outstanding balance(s) and/or obtain mechanical lien(s), including interest, will be solely the responsibility of the customer, in accordance with the laws of the State of Colorado. DATE: SIGNATURE: PRINT NAME: TITLE: EnviroPro Services, Inc. Aurora, Colorado 80018 (720) 298-4190 initial 5 CORD'� ACERTIFICATE OF LIABILITY DATE IMP4fOONYYLJ INSURANCE 05/26/2016 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 POUCIES 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 pollcy(les) must 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 PIMS Insurance Services, LLC. 333 East Osbom Road, #300 Phoenix AZ 85012 CONTACT Donna Matz NAME I� EM): (602) 222-2109 I i FAX No): (602) 200-2464 , nimpEss: donna.matz(pimsinsurance.com INSURERS) AFFORDING COVERAGE NAIC If INSURER A : Tokio Marine Specialty Insurance Company 10738 INSURED Comprehensive Risk Services, LLC dba CRS/COCAT 4905 Lima Street Denver CO 80239-2615 INSURER a : Philadelphia Indemnity Insurance Company 18058 INSURER c : National Union Fire Insurance Company/5Star 19445 INSURER D : INSURER E : INSURER F : RAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM/DONYYY) POUCY EXP IMM/DOIYYYYI LIMITS A X COMMERCIAL GENERALUIBIUTY Y Y PPK1495072 06/01/2016 06/01/2017 EACH OCCURRENCE S 1,000,000 GE 10 RENTED PRDREM SES (Es occurrence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X $10,000 BI/PD Deductible - OCCU PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE UMIT APPLIES PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE v x X LIABIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS y Y PHPK1495006 06/01/2016 06/01/2017 COMBINED SINGLE LIMIT (Ea accident) s 1,000,000 BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) s $ A X UMBRELLA LIAB EXCESS LAB X — OCCUR CLAIMS -MADE PUB540644 (GUPUCPUAuto) 06/01/2016 06/01/2017 EACH OCCURRENCE $ 3,000,000 AGGREGATE S 3,000,000 $ DED I X I RETENTIONS 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY rnE YIN AFFFFICEOPRIEtER PROPRIETOR/PARTNER/EXECUTIVE (Msndstory M NH) n If yes, describe under DESCRIPTION OF OPERATIONS below N / A Y WC065-25-9903 AZ CO 07/31/2015 07/31/2016 X I STATUTE I I OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L DISEASE - POLICY UNIT S 1,000,000 A Professional Liability - Claims Made CPL Pollution Liability - Occurrence Y Y PPK1495309 $10K Deductible 06/01/2016 06/01/2017 $1M PL/$1M Pollution/$2M Shared Aggr- Mold Retro: 06/09/12 & PL Retro: 08/09/06 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) GENERAL LIABILITY: County of Weld, its subsidiary, parent, associated and/or affiliated entitles, successors, or assigns, its elected officials, trustees, employees, agents and volunteers are included as Additional Insureds (forms CG2010 04/13 and CG2037 04/13) with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations per written contract. The County of Weld is included for Waiver of Subrogation (CG2404 05/09) per written contract. CERTIFICATE HOLDER CANCELLATION County of Weld 1150 "O" Street Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014101) m 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER LOC ft: ACC:IRO ADDITIONAL REMARKS SCHEDULE Page of - ...-- AGENCY PIMS Insurance Services, LLC. NAMED INSURED Comprehensive Risk Services, LLC dba CRS/COCAT 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 AUTO LIABILITY: County of Weld, its subsidiary, parent, associated and/or affiliated entitles, successors, or assigns, Its elected officials, trustees, employees, agents and volunteers are included as Additional Insureds with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations (form PI -CA -003 04/14) per written contract. The County of Weld is included for Waiver of Subrogation (form PI -CA -001 09115) per written contract. WORKERS COMPENSATION: The County of Weld is included for Waiver of Subrogation (form WC000313) per written contract. CONTRACTORS POLLUTION LIABILITY (CPL) and PROFESSIONAL LIABILITY: County of Weld, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents and volunteers are included as Additional Insureds (form PI-EVCP-036 08/11) with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, Including completed operations per written contract. The County of Weld is included for Waiver of Subrogation (form PI-EVCP-145 08/11) per written contract. EXCESS LIABILITY: Excess Liability is following form for additional Insured and waiver of subrogation coverages. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PPK1495072 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organizatlon(s) Location(s) Of Covered Operations Per Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: PPK1495072 COMMERCIAL GENERAL LIABILITY CO 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket Al, as required by contract Any/All Restoration Contractor Services Various Locations Required by Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: PPK1495072 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket Waiver of Transfer of Right of Recovery - As Required by Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 O Insurance Services Office, Inc., 2008 Page 1 of 1 O Policy Number: PHPK1495006 PI -CA -003 (04114) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": Any person or organization for whom you are required by an "insured contract" to procure "bodily injury" or "property damage" liability insurance arising out of the operation of a covered "auto" with your permission. However, this additional insurance does not apply to: 1. The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own; 2. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; 3. Anyone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours; 4. Anyone other than your "employees," partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees," while moving property to or from a covered "auto"; or 5. A partner (if you are a partnership), or a member (if you are a limited liability company) for covered "auto" owned by him or her or a member of his or her household. B. The "insured contract" must be in effect during the policy period shown in the Declarations and must have been executed prior to the "bodily injury" or "property damage". C. This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that "insured", whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your employees. D. There is no coverage provided to this person or organization for "bodily injury" to its employees or for "property damage" to its property. E. Coverage for this person or organization shall be limited to the extent of your negligence or fault according to the applicable principles of comparative negligence or fault. F. The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". G. A person's or organization's status as an "insured" under this endorsement ends when your operations for that "insured" are completed. Page 1 of 2 PI -CA -003 (04/14) H. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any "insured," or to procure insurance. I. The following additional exclusions apply: The insurance afforded to any person or organization as an "insured" under this endorsement does not apply to "loss": 1. Which occurs prior to the date your contract is effective with such person or organization; 2. Arising out of the sole negligence of any person or organization that would not be an "insured" except for this endorsement; or 3. Which occurs after you returned the leased or rented "auto" to the lessor or the policy period ends, whichever occurs first. Page 2 of 2 Policy Number: PHPK1495006 PI -CA -001 (09/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable limit of Insurance Page # Who is An Insured Board Members Newly Acquired Entities Designated Insured Lessor of Leased Autos Included Included Included Included 2 Cost of Bail Bonds $5,000 2 Reasonable Expenses — Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage (Windshields and Windows) No deductible applies 3 Transportation. Expenses $100 per day / $3,000 maximum 3 Hired Auto Physical Damage — Loss of Use $100 per day / $1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the vehicle whichever is less 4 Personal Effects $500 4 Rental Reimbursement $100 per day / 30 days 4 Accidental Discharge — Air Bag Amended 4 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Replacement Included 5 Auto Loan / Lease Gap Coverage Amended 5 One Comprehensive Coverage Deductible Per Occurrence Amended 6 Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended (as required by written contract) 7 Unintentional Errors or Omissions Amended 7 Mental Anguish — Bodily Injury Redefined Amended 7 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 7 Cr 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: PHPK1495006 PI -CA -001 (09/15) I. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION II — LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": 1. Board Members — Board members (or their spouses) while renting a vehicle while on business for the named insured. 2. Newly Acquired Entitles — Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity, 3. Designated Insured — Any person or organization designated by the "insured" is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 4. Lessor of Leased Autos — The lessor of a leased auto" is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. Any "leased auto" in the policy schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. The coverages provided under this endorsement apply to any "leased auto" in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the "leased auto," whichever occurs first. "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra `auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION II — UABIUTY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following: Page 2 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: PHPK1495006 PI -CA -001 (09/15) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Fellow Employee Coverage SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is deleted in its entirety and replaced by the following: "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to any manager or officer of your company. II. PHYSICAL DAMAGE COVERAGE EXTENSIONS A. Towing SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to $100 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement. B. Glass Breakage SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles is amended by adding the following: No deductible applies to "loss" to glass used in the windshield or windows. C. Transportation Expenses SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expenses incurred by you because of a loss" to a covered "auto." We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." D. Hired Auto Physical Damage — Loss of Use The last sentence of SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is deleted in its entirety and replaced with the following: However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000. Page 3 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: PHPK1495006 PI -CA -001 (09/15) E. Hired Auto Physical Damage SECTION Iii — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Hired Auto Physical Damage Any "auto" you lease, hire, rent or borrow from someone other than your "employees" or partners, or members of their household is a covered "auto" for each of your physical damage coverages. The most we will pay for any "loss" in any one "accident" is the ACV or the cost for repair or replacement of the vehicle, whichever is less. For each covered "auto" our obligation to pay will be reduced by a deductible of $500 for Comprehensive Coverage and $1000 for Collision Coverage. F. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Personal Effects Coverage We will pay up to $500 for "loss" to personal effects, which are: 1. Owned by an "insured"; and 2. In or on your covered "auto." This coverage applies only in the event of the total theft of your covered 'auto." No deductible applies to this coverage. G. Rental Reimbursement SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Rental Reimbursement Coverage We will pay up to $100 per day, for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." We will also pay up to $300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto." If "loss" results from the total theft of a covered "auto," we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item III. C. Transportation Expenses of this endorsement. H. Accidental Discharge — Airbag Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception: Page 4 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: PHPK1495006 PI -CA -001 (09/15) This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. I. Electronic Equipment Coverage The following supersedes anything to the contrary in SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4. Exclusions 4.c. and 4.d. do not apply to: Any risk management or monitoring equipment and electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss," and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto." The most we will pay for all "loss" to risk management or monitoring equipment, audio, visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one "accident" is the least of: a. The actual cash value of the damaged or stolen property at the time of the "loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,000. This coverage will not apply if there Is other insurance provided by this policy for the above - described electronic equipment. We will, however, pay any deductible, up to $500, that is applicable under the provisions of the other insurance. J. Original Equipment Manufacturer (OEM) Parts Replacement SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance, Paragraph 1. is amended to include: However, if the covered "auto" has less than 20,000 miles on its odometer, then the following condition will apply: We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired. K. Auto Loan / Lease Gap Protection SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to include the following: 4. In the event of "loss" to a covered "auto" that is loaned or leased to an "insured": a. The most we will pay for "loss" in any one "accident" is the lesser of: Page 5of7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: PHPK1495006 PI -CA -001 (09/15) (1) The actual cash value of the damaged or stolen property as of the time of the loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality. b. Our Limit of Insurance for "total loss" will be the greater of: (1) The balance due under the terms of the lease or loan, to which your "auto" is subject but not including: (a) Past due payments; (b) Financial penalties imposed under the lease; (c) Security deposits not refunded; (d) Costs for extended warranties or insurance; or (e) Final payment due under a "balloon loan"; or (2) Actual cash value of the stolen or damaged property. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of loss." c. Additional Definitions (1) "Total loss" for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value. (2) "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. d. Additional Conditions This coverage will apply only to the original lease or loan written on your covered "auto." In order for this coverage to apply, leased "autos' must be leased or rented to you under a leasing or rental agreement, for a period of not less than six months, which requires you to provide direct primary insurance for the benefit of the lessor. L. One Comprehensive Coverage Deductible SECTION 111- PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: Only one Comprehensive Coverage Deductible per occurrence will apply to any "loss" resulting from a covered peril. For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24 -hour period. Page 6 of 7 ® 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number; PHPK1495006 PI -CA -001 (09/15) III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of "accident,' claim, 'suit' or "loss," you must give us, or our authorized representative, prompt notice of the 'accident" or "loss.' Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident' or "loss" applies only when the "accident" or "loss' is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. B. Blanket Waiver Of Subrogation SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage' arising out of the operation of a covered 'auto' when you have assumed liability for such 'bodily injury" or "property damage' under an "insured contract." C. Unintentional Errors or Omissions SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. IV. DEFINITIONS A. Mental Anguish SECTION V - DEFINITIONS, C. "Bodily injury" is amended by adding the following: °Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 7 of 7 (I) 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching dause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 07/31/2015 forms a part of Policy No. WC 065-25-9903 Issued to ASHTON TIFFANY, LLC By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED: 1. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR, 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. This form is not applicable in Missouri when there is a construction code on the policy and there is Missouri premium or exposure. WC 00 03 13 (Ed. 04/84) Countersigned by PI-EVCP-036 (08/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured - Contract Requirement This endorsement modifies and is subject to the insurance provided under the following: CONTRACTOR ENVIRONMENTAL AND PROFESSIONAL COVERAGE It is hereby agreed that Section II. DEFINITIONS, P. Insured is deleted in its entirety and replaced with the following: P. Insured means: 1. The named insured and any subsidiary thereof, and any additional insured; 2. Any past or present director, officer, partner or employee of the insured, including a temporary or leased employee, while acting within the scope of his or her employment as such; 3. Any joint venture in which you participate as a member or co -venturer, but solely with regard to your liability as arising out of your contracting operations or your professional services provided in such joint venture; and 4. Solely with regard to the Insuring Agreement providing coverage of Contracting Operations Environmental Liability, any entity required to be an additional Insured under this policy in a written contract or agreement for your contracting services, provided such contract or agreement was executed prior to the date that your contracting operations first commenced. However, such entities are included as an insured under this policy solely to the extent that the entity is liable as a result of your contracting operations performed by an insured, other than the entity, or on such insured's behalf; but only up to and not exceeding the amount required by the written contract with you or subject to the applicable Limit of Insurance, whichever is less. The entity is not provided any coverage under this policy for their own liability unless such liability attaches as a result of your contracting operations. All other policy terms and conditions remain unchanged. Page 1 of 1 C 2W 2 Philadelphia Consolidaued Holding Corp. PI-EVCP-145 (08/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION - BLANKET This endorsement modifies and is subject to the insurance provided under the following: CONTRACTOR ENVIRONMENTAL AND PROFESSIONAL COVERAGE It is hereby agreed that Section X, GENERAL CONDITIONS, A. Subrogation shall not apply to any rights of recovery the Insured may have against a client of the named insured or other entity when: 1. Required in a written contract for your contracting operations or your professional services with such client or entity; and 2. The request for a Waiver of Subrogation is made prior to the date your contracting operations or your professional services for such contract first commenced; and 3. A Certificate of Insurance evidencing a Waiver of Subrogation has been issued by your authorized insurance agent or broker. In any event, a waiver of rights of recovery against a client of the named insured or entity that satisfies the above terms does not impair any rights we possess to seek and obtain indemnity, contribution, payment or reimbursement from any other insurance carrier affording coverage to such client of the named insured. All other policy terms and conditions remain unchanged. Page 1 of 1 2012 Philadelphio Consolidoled Holding Corp. Hello