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HomeMy WebLinkAboutC15-442 Ewing TruckingAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND EWING TRUCKING & CO}ISTRUCTION t/Y / THISAGREEMENT("Agreement")iseffectiveasofthe /8 auy of MluEq{>AL ,Z}llbyandbetween Ewing Trucking & Construction (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, the County wishes to contraot for the installation of a 40' x 21' concrete pad outside the ECO Transit bus-wash bay located at the Eagle County Maintenance Service Center Building at3289 Cooley Mesa Road, Gypsum, Colorado (the "Properfy"); *d WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph I hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: l. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than November 30, 2015 and in accordance with the schedule established in Exhibit A. If no schedule is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and persorurel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between tle terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. Coun8's Representative. The Engineering Department's desiglee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall cornmence upon the date first written above, and subject to the provisions of paragraph 1l hereof, shall continue in full force and effect until the Work is completed in accordance with the terms contained herein. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall bein writing signed by both parties. Eagle County Comnrissloners' Office C15-442 No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly, no course ofconduct or dealings befween the parties, nor verbal change orders, express or implied acceptance ofalterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit B. The performance of the Services under this Agreement shall not exceed $23,389.15. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as Counfy may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment ofany taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 3 I of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-l-l0l et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise ofContractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance ofthis Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent ofthe Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions ofthis Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions ofits agents, employees and subcontractors. 2 Eagle County General Services Final 5/14 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: Types oflnsurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than 91,000,000 each accident combined bodily injury and properfy damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C. ll. Contractor's certificates ofinsurance shall include subcontractors, ifany as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. lll. The insurance provisions of this Agreement shall survive expiration or termination hereof. lv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemni! and hold harmless County, and any of its offrcers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperfornance by Contractor or any ofits subcontractors hereunder; and Contractor shall reimburse County for reasonable attomey fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such 3 Eagle County General Services Final 5/14 claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other parfy. COLNTY: Eagle County, Colorado Attention: Eva Wilson 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 97 0-328-3 5 60 Facsimile: 97 0 -328 -87 89 E-Mail: eva.wilson@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 97 0-328-8685 Facsimile: 970-328-8699 E-Mail : atty @eaglecounty.us CONTRACTOR: Ewing Trucking & Construction Attention: Trent Eichler Post Office Box 2303 Edwards. CO 81632 Telephone: 97 0-926-27 7 0 Facsimile: 97 0-926-47 3 6 E-Mail : trent@ewingtrucking.com I l. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph t hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 4 Eagle County General Services Final 5/14 12. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Countemarts: Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be govemed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to l2l. lA Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance ofthe Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results ofsuch observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, erors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy ofthe Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor ofany ofits responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that ofindependent contractor. Contractor shall have no authority to bind County. 5 Eagle County General Services Final 5114 h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reseryed solely for the parties, and not to any third party. l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, ifa natural person eighteen (18) years ofage or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Govemment Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-veriS' Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. Contractor shall not: l. under this Agreement; or Knowingly employ or contract with an undocumented individual to perform Services Enter into a subcontract that fails to certifr to Contractor that the subcontractor shall notll. knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verifr Program or Department 6 Eagle County General Services Final 5/14 Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verifi program can be found at: http://www.d hs.eov/xprevprot/oroerams/sc 1185221678 150.shtm c. Contractor shall not use either the E-verifu program or other Department Program procedures to undertake pre-employment screening ofjob applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notiff the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor ifduring such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in c.R.s. 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and Counfy terminates the Agreement for such breach. 16. Warrantv Period. Contractor warrants to Owner that: (i) materials and equipment furnished under the Contract Documents shall be of first class quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work shall be free from defects and deficiencies; (iii) the Work shall conform to the requirements of the Contract Documents, and all applicable laws and applicable permits; and (iv) the Work shall be performed in a good workmanlike manner. All guarantees or warranties of equipment or materials furnished to the Contractor or any Subcontractor(s) by any manufacturer or supplier shall be for the benefit of Owner. Contractor shall and hereby does covenant, warrant and agree that it shall repair or replace any and all ofthe Work, together with other Work which may be displaced in so doing, that does not conform with the requirements of this Section 16, without any cost to the Owner for a period of twenty-four (24) months following the date of completion of the Work. This obligation shall survive both final payment for the Work or designated portion thereof and termination of this Agreement. Prompt notice of all defects shall be given to Contractor. If, within twenty-four (24) months after the date of completion, or such a longer period of time as may be prescribed by law, prescribed by the terms of any applicable wa.rranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with the Owner's written instructions, either conect such defective Work, or, if it has been rejected by the Owner, remove it from the site, and replace it with non-defective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause a serious risk of loss or damage, Owner may have the defective Work 7 Eagle County General Services Final 5/14 conected and the rejected Work removed and replaced, and all direct and indirect costs of such removal replacement, including compensation for the additional professional services, shall be paid by Contractor. IREST OF PAGE INTENTIONALLY LEFT BLANK] 8 Eagle County General Services Final 5114 IN WITNESS WHEREOF. the oarties have executed this Asreement the dav and vear first set forth above. COLNTY OF EAGLE, STATE OF COLORADO, By and Throush Its COTINTY MANAGER ritre: rn 4 o46z 2 9 Eagle County General Services Final 5/14 [THIS PAGE INTENTIONALLY LEFT BLANKJ EXHIBIT A ?lnHl Ez::trl av?l dEa\l -odr'uZ- Fl fifir =l =6P dlzl Fl 588 ,l x2 - rY'I L-.1-n +1 Fl\ i3 a&,E4 RHa\2 -^/ XPt-] -"! - vo s 58"r \ lJr u)arV r-i 7;i ^\j/tn i?Hf- rh a -:*!7 \J H>-12 ;=V - -i ii<: ^ n F:"ry H Fyo t! q:.-\r-r l4J & )rz a? =H AtaVO U<7rrl F-i o o(-) oz Oo'o-' o E 6 0ot =I =l= il-- qIE i i ! C) Ol co O .9 z o fi E e:89 q Es$$ =o 5 ciRR,l R P*'i5u:a- c .9,9 0 ooc :l il 008€ @ EXHIBIT A EEEEEfiE gg iH fi EH EF FfiHE F E;E ig iEifi oo+ I o 92 S:I FZY : *2+ =e?,=- 9 .LO o! q =uza =<q 6< ^56 E =asklf elEE AI !'t s.^*< z!EZ 3F*: Xi;1 i5F =x o uoE; = detd s 5iq< u <!E.- C ?i92 7. rc'9<> X X1 F*"'+ : FB:9t a ioHtr = F+;e< " =trEi5 ' HA.5! i *; 1€6 g ?3 F== = 22596 i l= =oA t cU . ol> < :-6 <ril s=+ H i1ilrl -1 9F > <Ytrl $Er E 6e -rl otl i *FVl zFg i ::o =l 838 f 6x rl )va d =a<t *'lt? I Q= oal 2:b ? :9rtll a*r v az21i44 Z =llill <<u o t< Ol . d d o a o o () o o o o o oo @ c!N f 5 a 6 @ I)I)qJ E = i oo J-Iq z F-LXUF:f 3 q FJ Ioo z tr@ XU U Ud Uatl Ua @ z FLXU U Ut z F- d Luuc Uo u @l @ z 6 E Uz I @ @a o @ - z Io c trU E. z E @UE Fz z 6z cXU z tr N =o o!o(-) oz ao'd d N j E o C O =c EO l.d lo ez oooU I 1 99 I .l' ili Fl,l#t s i:Es q !s$$=oEoRR 'lPPt^ E E OOBE : 0 I w U)F =ol ololalIol6lLI()I ol OI EXHIBIT A -T JI 6l;leltr 5lal \ T I -lEIsl!5 Ltrp I EE. Iii I \ E P 9:zevrc t3-t9.lT o_l o to '61; 1l E'6co E i5 o!o O oz 6'o-' c oo E co(,) g od -c>nEitr.. ooo II 9_s (D -E'FLz9v;; (ul=(Lt; Olocl N'61.8 Lt^ol: 'arl; t-|6 E i5 il8,COEno i.c o oo l co (_) t .9't '6 5 € sSEs q Es$$55qtRRoo066 i5u:dil o G 6 G F Ftr >q oo EE 3!oo o9 UO oo oz II II: :IF( ---:".-^ r-Fe.EFtHF pP b=*S F=gigFlt €E* iE;_" Hqr€3?! E g" =. = .= ca o o oE g *EE" '; i;X ! 6o i @ ITHIS PAGE INTENTIONALLY LEFT BLANK] EXHIBIT B EAGLE COUNTY BUS WASH SLAB DESCRIPTION MOBILIZATION SAWCUT EXISTING ASPHALT REMOVE EXISTI NG ASPHALT REMOVE EXISTING BASE COURSE FINE GRADE/SUBGRADE PREP ABC CLASS 6 6 '' CONCRETE PAD # 4 REBAR EXPANSION JOINT WINTER PROTECTION TOTAL NOTES: 1, Testing by owner 2. Permits by owner 3. No over ex included 4.Winter protection included Trent Eichler Ewing Trucking & Construction, LLC QUANTITY UNITS 1 '101 I'J VJ 840 17 1210 a1al L.S. L.F. S.Y. S.Y, S.F. C.Y. S.Y. L. F, L.F. L.S. UNIT PRICE 650.00 3.50 23.00 12.50 1.25 70.00 136.00 1.75 3.15 3525.00 TOTAL $650.00 $353.50 $2,139.00 $1,162.50 $1,050.00 $'l ,190.00 $12,648.00 $605.00 $66.15 $3,525.00 $23,389.15 n' ,/ ,]. tst s' Date P.O. Box2303 * Edwards, CO 81632 * (970)926-2770 * (970) 926-4736 fax * bart@ewingtrucl<ing,com EXHIBIT C CERTIFICATE OF INSURANCE l3 Eagle County General Services Final 5/14 DATE (MM/DD/YYYY} L2/L8/20L4 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 CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS 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 Moody-Va11ey Insurance Agency, Inc. 750 Horizon Dr, Suite 302 Grand Junction CO 81506 fxilli'' Tonya Raymond l'jl8\'^ -*,. (970) 248-8300 I liA "^,. (s7ot24z-rss4 i-'{?{ilE"". traymondGmoodvins . com INSURER(S) AFFORDING COVERAGE NAIC # tNsuRERA:Cincinnati Insurance Companies INSURED Ewing Trucking and Construction, LLC. PO Box 2303 Edwards CO 8L632 tNsuRERB :Pinnacol Assurance t1190 INSIIPFP '. INSURER D : INSIIRER E: INSURER F CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFIGATE NUMBER:I5/15 with forms REVISION NUMBER: ACORD 25 (2010/05) lNSO25 pnrnnqr nr @ 1988-2010 ACORD CORPORATION. All rights reserved. Tha AFI1PFI nama nnd laaa ara raaiefarad markc af AnnF|n 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. NSR LTR rYPE OF INSURANCE POI ICY NIIMBFR POLICY EFF,MMrnnffit POLICY EXP {MM/DDTYYYYI LIMlTS A GEI x IERAL LIABILITY COMMERCIAL GENERAL LIABILITY lCLA|MS-MADE lXloccuR x 1PP0171971 rdditional Insured :ndorsement pe! torm G,A233CO0511 rttached /L/2015 /L/20L6 EACH OCCURRENCE $ 1,000,00C UAMAbE IUKENIEU PRFMISFS {Fa occunc s 100,00( MED EXP (Anv one oeFon)s 5,00C PERSONAL & ADV INJURY s 1,000,00C GENEML AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Fl ,or,"" I |,Fp; l--i 'o" PRODUCTS - COMP/OP AGG s 2,000,000 s A :f_l x-l 'OMOBILE LlABILITY ANY AUTO ALL owNED [-l scHeouleoAUTOS I I AUTOSI v I NON-OWNED HTRED AUrOS l_-_] aurosll x r8A0171971 /L/2015 /L/20]-6 JMIJINhU SINGLh LIMI a accialenll s 1 .000.00( BODILY INJURY (Per pe6on)D BODILY INJURY (Per accident)o PK(JT'EK I Y UAMAGE lPer amidehll $ Medi€l Davmenls $ q no( A x UMBRELLA LIAB EXCESS LIAB X I occun-l "ro,"r-roo.NPP0171 971 L/L/2015 /L/20L6 EACH OCCURRENCE g 2,000,00( AGGREGATE s 2,000,00( oso lX lnprrrur,orus 1o,oo B WORKERS COMPENSATION aND EMPLOYERS'LIABTL|TY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE I---I OFFICERYMEMBER EXCLUOED? I I (Mandatory in NH) lf yes, describe under DESCRIPTION OF OPERATIONS below N/A t855142 r/L/2015 t/L/20t6 vlwcsTATU-l loTH.A tTAOVtrrtrTet I Eo E.L. EACH ACCIDENT $ 1,000,00c E,L. DISEASE - EA EMPLOYE $ 1.000 .00c E.L. DISEASE - POLICY LIMIT $ 1 .000 .00c A Cargo NPPo171971 t/L/20L5 t/L/20L5 $ 500,00( DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (AttachACORDl0l,AdditlonalRemarksSchedule,ifmorespacei3requlred)Eagle County Government, DBA Eagle County Engineering, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteels are Additional Insureds under the conunercial general liability and automobile liability policies of insurance. Eagle County Government DBA Eagle County Engineering 500 Broadway Eagle, CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WTH THE POLICY PROVISIONS. Ralmond/roNRAy 5Vt6^- P426rArrzt- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 10 10 10 10 11 7. 8. 9. 16 16 16 10. 11. 12. 1613. Aggrcgate Limit: Deductible: $ 3,000,000$ 1,ooo Includes copyrighted material of I nsurance Services Offie, lnc., with its permission. 3. Damage to Premises Rented to You The lesser of: a, The Each Occurrene Limit shown in the Declarations; or b. $500,000 unless othenrvise stated $ 4. Supplementary Payments a. Bailbonds:$ 1,000 b. Loss of earnings: $ 350 5. Medical Payrnents Medical Expense Limit $ 10,000 COLORADO CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADEN ED EN DORSEM ENT This endorsement modifies insurane provided under the following: COMMERCIAL GENEML LIABILITY COVEMGE PART A Endorsement - Table of Gontents: Coverage:Begins on Page: 1. Employee Benefit Liability Corerage2. Unintentional Failure to Disdose Hazards 3. Damage to Premises Rented to You 4. SupplementaryPaynents 5. Medical Payments 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Conbol Liability Coverage (Coverage b.) 180 Day Cwerage for NewlyFormed orAcquired Organizations Waiver of Subrogation Autornatic Additional lnsured - Specified Relationships:. Managers or Lessors of Premises;. Lessor of Leased Equipment;. Vendors;. State or Political Subdivisions - Permits Relating to Premises;. State or Political Subdivisions - Permits; and. Contractors'Operations Broadened Contradual Liability - Work Within 50' of Railroad Property Property Damage to Borrowed Equipment Employees as Insureds - Specified Health Care Services:. Nurses;. Emergenqy Medical Technicians; and. Paramedics Broadened Notice of Occurence B. Limits of lnsurance: The Commercial General LiabilityLimits of Insurance applyto the insurane provided by this endorsement, except as provided below: 1. Employee Benefit Liability Goverage Each Employee Limit: $ 1,000,000 GA233 CO 0s 11 Page 1 of 16 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurane (Each Occnrrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated 11. Property Damage to Borrowed Equipment Each Occurrene Limit: $ 10,000Deductible: $ 250 COVERAGE PREMIUM BASIS (a) (b) (c) (d) (e) Area Payroll Gross Sales Units Other RATE (For Limits in Excess of $5,000) ADVAI,ICE PREMIUM (For Limits in Excess of $5,000) b. Care, Custody or Control $ TOl ALAT.INUAL PREMIUM $ C. Coverages: 1. Employee Benefit Liability Goverage a. The follcnruing is added to SECTION I - GOVERAGES: Employee Benefit Liability Goverage. (1) Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose ac-ts the in- sured is legally liable, to which this insurance ap- plies. We will have the right and duty to defend the in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurane does not apply. We may, at our discretion, investigate any report of an act, error or omission and settle any claim or "suit" that may re- sult. But: 1) The amount we will pay for damages is limited as described in SEC- TtoN ilt - LtMtTs oF INSURANCE: and Includes copyrighted material of Insurance Services Offie, Inc., with its permission. 2) Our right and duty to defend ends when we have used up the appli- cable limit of insurancein the payment of judgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay ments. (b) This insurance applies to damages only if the act, er- ror or omission, is negli- gently committed in the "administration" of your "employee benefit program"; and 1) Occurs during the pol- icy period; or 2l Occurred prior to the effective date of this endorsement provided: a) You did not have knowledge of a claim or "suit' on or before the ef- fective date of this endorsement. You will be deemed to have Page 2 of 16GA233 CO 0511 knowledge of aclaim or "suit" when any "author-ized representa- tive'; i) Reports all, or any part, of thead, error or omission to usor any other insurer: ii) Receives a written or ver- bal demand or claim for dam- ages because oftheact, enoror omission: and b) There is no other applicable insur- ance. Includes copyrighted material of Insurance Services Offie, Inc., with its permission. 1) Failure of any invest- ment to perform; 2l Errors in providing in- formation on past per- formane of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". Workers' Compensation and Similar Laws Any daim arising out of your failure to cornply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. ERISA Damages for whicfr any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement lncome Security Act of 1974, as now or hereafter amended, or by any simihr federal, state or locallaws. Available Benefits Any daim for benefits to the extent that sucfr benefits are available, with reasonable effort and cooperatim of the insured, from the applicable funds accrued or other col- lectible insurance. Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or locallaw. EmploymentRelated Practices Any liability arising out of any: (1) Retusalto employ; (2) Termination of em- ploynent; (f) (21 Exclusions This insurance does not apply to: (a) Bodily lnjury, Property Damage or Personal and Advertising lnjury 'tsodily injuq/', "property damage" or "personal and advertising iriurl/'. (b) Dishonest, Fraudulent, Criminal or Malicious Act Damages arising out of any intentional,dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any stafute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performane of con- tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". (e) Inadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon: (g) (h) (i) 0) GA233 CO 0s 11 Page 3 of 16 b. (3) Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exdusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay sonreone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I . COVERAGES, SUPPLEMENTARY PAY. MENTS - COVERAGES A Al,lD B also apply to this Coverage. Who is an lnsured As respects Employee Benefit Liabil- ity Coverage, SECTION ll - WHO lS AN INSURED is deleted in its entirety and replaced bythe following: (1) lf you are designated in the Dec- larations as: An individual, 1ou and your spouse are insureds, but only with respect to the con- duct of a business of whicfr ),ou are the sole owner. A partnership or joint ven- ture, 1ou are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company, )ou are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respec't to their duties as your manag- ers. An organizatim other than a partnership, joint venture or limited liability corrpany, you are an insured. Your "ex- ectrtive officers" and direc- tors are insureds, but only with respect to their duties as )our officers or diredors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e) A trust, 1ou are an insured. Your trustees are also in- sureds, but only with raspect to their duties as trustees. (21 Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program". (b) Any persons, organizationsor "employees" haMng proper temporary authoriza- tion to administer your "em- ployee benefit program" if you die, but only until your legal representatiw is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such.That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or ma- jority interest, will qualify as a Named Insured if no other simi- lar insurance applies to that or- ganization. However, coverage under this provision: (a) ls afforded only until the 180th day after you acquire or form the organizatim or the end of the policy period, whichever is eadier; and (b) Does not apply to any ac{, error or omission that was committed before )lru ac- quired or formed the organi- zaticn. c. Limits of Insurance As respecls Employee Benefit Liabil- ity Covenage, SECTION lll - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (a) (b) (c) (d) Includes copyrighted material of lnsurance Services Office, Inc., with its permission.GA233 CO 0511 Page 4 of 16 (1) (2) (3) The Limits of Insurance shown in Section B. Limits of Insunance, 1. Employee Benefit Liability Goverage and the rules below fix the most we will pay regard- less of the number ot (a) Insureds; (b) Claims made or "suits' brought; (c) Persons or organizations making daims or bringing "suits"; (d) Acts, errors or omissions; or (e) Benefits included in your "employee benefit program". The Aggregate Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions neg ligently committed in the "administration" of your "employee benefit program". Subject to the limit described in (2) above, the Each Employee Limit shown in Section B. Limitsof Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a) An act, error or omission; or (b) A series of related ac{s, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions, d. negligently committed in the "administration" of )our "em- ployee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program". Deductible Amount (a) Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurane shall not be re- dued by the amount of this deductible. (b) The deductible amount stated in the Declarations applies to all damages sus- tained by any one "em- ployee", including suctr "employee's" dependents and beneficiaries, because of all acts, errors or omis- sions to which this insur- ane applies. (c) The terms of this insurance, including those with respect to: 1) Our right and duty to defend the insured against any "suits' seeking those dam- ages; and 2l Your duties, and the duties of any other in- volved insured, in the event of an act, error or omission, or daim, apply irrespective of the ap- plication of the deductible amount. (d) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, ),ou shall promptly reim- burse us for such part of the deductible amount as we have paid. Additional Gonditions As respects Employee Benefit Li- ability Coverage, SECTION lV - COMMERCIAL GENERAL LIABIL. ITY CONDITIONS is amended as fol- lows: (1) ltem 2. Duties in the Event of Occurrence, Offense, Glaim or Suit is deleted in its entirety and replaced by the following: 2. Duties in the Event of an Act, Enor or Omission, or Glaim orSuit a. You must see to it that we are notified as soon as practicable of an act, error or omission which (4) lncludes copyrighted material of Insurance Services Offioe, Inc., with its permission.GA233 CO 0511 Page 5 of 16 may result in a daim. To the extent possible, notice should include: (1) What the act, erroror omission was and when it oc- curred: and (2) The names and addresses of any one who may suf- fer damages as a result of the act, error or omission. lf a daim is made or "suit" is brought against any insured, you must: (1) lmmediately re- cord the specificsof the claim or "suit" and the date received;and (2) Notiff us as soon as practicable. You must see to it that we reeive written no-tie of the daim or "suit" as soon as practi- cable. You and any other in- volved insured must: (1) lmmediately send us opies of any demands, notioes, summonses or le-gal papers re- ceived in connec- tion with the claim or "suit'; (2) Authorize us to ob- tain records and other information; (3) Cooperate with us in the investigationor setflement of the claim or de- fense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or or- ganization whictr may be liable tothe insured be- cause of an ad, error or omission to which this in- Includes copyrighted material of lnsurance Services Offioe, Inc., with its permission. suran@ may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. Item 5. Other lnsurance is de- leted in its entirety and replaced by the follottting: 5. CIher lnsunance lf other valid and collectible insurance is available to the insured for a loss we @ver under this Coverage Part, our obligations are limited as follows: Primary Insurance This insurance is pri- mary except when c. below applies. lf this in- suran@ is primary our obligations are not af- fected unless any of the other insurane is also primary. Then, we will share with all that other insurance by the method described in b. below. Method of Sharing lf all of the other insur- ance permits contribu- tion by equal shares,we will follow this method also. Under this approach each insurercontributes equal amounts until lt has paid its applicable limit of insurance or none ofthe loss remains. whichever comes first. lf any of the other in- suran@ does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insure/s share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. No Coverage (21 b. b. GA233 CO 0511 Page 6 of 16 This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insuranoe in force previous to the ef- fective date of this Coverage Part. e. AdditionalDefinitions As respects Employee Benefit Li- ability Goverage, SECTION V DEFINITIONS is amended as fol- lows: (1) The follorrving definitions are added: 1.'Administration"means: a. ProMding information to "employees', including their dependents and beneficiaries, with re- spect to eligibility for or s@pe of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, ontinuing or terminating any "em- ployee's' participation in any benefit included in the "employee bene- fit program". However, "administration" does not include: a. Handling payroll deduc- tions: or b. The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limitedto unemploynent in- suran@, social security benefits, workers' com- pensation and disability benefits. 2. 'Cafeteria plans" means plan authorized by applica- ble law to allcnry "employees' to elect to pay for certain benefits with pre.tax dollars. 3. "Employee benefit pro- grams" means a program I ncludes copyrighted material of I nsurance Services Offie, Inc., with its permission. providing some or all of the following benefits to "em- ployees', whether provided through a "cafeteria plan" or otherwise: a. Group life insurance;group accident or health insurance; den- tal, vision and hearingplans; and flexible spending accounts; provided that no one other than an "em- ployee" may subscribeto such benefits and such benefits are made generally avaibble to those "employees" who satis{y the plan's eligi- bility requirements; b. Profit sharing plans,employee saMngs plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to sucfr benefits and sucfr benefits are made gen- erally avaibble to all "employees" . who are eligible under the plan for sucl"r benefits; c. Unemploynent insur- ance, social security benefits, workers' com- pensation and disability benefits; and d. Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assistanceplans; transportation and health club subsi- dies. (2) The following definitions are de- leted in their entirety and re- placed bythe following: 21. "Suit" means a civil pro- ceeding in which money damages because of an act, error or omission to whictr this insurane applies are alleged. "Suit" includes: a. An arbitration proceed- ing in which such dam- GA233 CO 0511 Page 7 of 16 ages are claimed andto whicfr the insured must submit or does submit with our con- sent; b. Any other alternative dispute resolution pro- ceeding in which sucfr damages are claimed and to which the in- sured submits with our consent; or c. An appeal of a civil pro- ceeding. 8. "Employee" means a person actively employed, formerly employed, on leave of ab- sence or disabled, or re- tired. "Employee" includes a 'leased worker". "Employee" does not include a "tempo- rary worker". 2. Unintentional Failure to Disclose Haz- ards SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disdose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on sucfr failure. 3. Damage to Premises Rented to You a. The last Subparagraph of Paragraph2. SECTION I . COVERAGES, COVERAGE A . BODILY INJURY Al.lD PROPERTY DAMAGE, 2. L,- ABILITY Exclusions is hereby de- leted and replaced bythe following: Exdusions c. through q. do not apply to damage by fire, explosion, light- ning, smoke or soot to premises while rented to you or temporarily oc- cupied by lou with permission of the owner. b. The insurance provided under SEC- TION I . COVERAGES, COVERAGEA BODILY INJURY AtrlD PROP- ERTY DAMAGE LIABILITY applies to "property damage" arising out of water damage to premises that are both rented tc and occupied by you. (1) As respects Water Damage Le- gal Liability, as provided in Para- graph 3.b. above: The exdusions under SECTIONI . COVERAGES, COVERAGEA BODILY INJURY AI{D PROPERTY DAMAGE LIABIL. lTY,2. Exclusions, other than i. War and the Nuclear Energy Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a) "Property damage": 1) Assumed in any con- tract;or 2l Loss caused by or re- sulting from any of the following: a) Wear and bar; b) Rust, corrosion, fungus, decay, de- terioration, hidden or latent defect orany quality inproperty that causes it to dam- age or destroy it- selt c) Smog; d) Mechanical break-down including rupture or bursting caused by cen- trifugalforce; e) Settling, cracking, shrinking or ex- pansion; or 0 Nesting or infesta- tion, or discharge or release of waste products or secre- tions, by insects, birds, rodents or other animals. (b) Loss caused direcfly or indi- recty by any of the follow- ing: 1) Earthquake, vdcanic eruption, landslide or any other earth move- ment; 2) Water that bad<s up or overflows from a sewer, drain or smp; 3) Water under the ground surface pressing on, or flowing or seeping through: Includes copyrighted material of Insurance Services Offie, Inc., with its permission.GA233 CO 0511 Page 8 of 16 a) Foundations, walls, floors or paved surfaces; b) Basements, whether paved or not; or c) Doors, windows or other openings. (c) Loss caused by or resulting from water that leaks or florls from plumbing, heat- ing, air conditioning, or fire protection sySems caused by or resulting ftom freeZng, unless: 1) You did your best to maintain heat in the building or structure; or 2l You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) Loss to or damage to: 1) Plumbing, heating, air conditioning, fire pro- tecfion systems, or other equipment or ap- pliances; or 2l The interior of any building or strudure, or to personal property in the building or strudure caused by or resulting from rain, snow, sleet or ice, whether driven by rrvind or not. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Dedara- tions is amended as follows: (2) Paragraph 6. of SEGTION lll - LIMITS OF INSURANCE is hereby deleted and replaced by the folloring: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A BODILY INJURY Al,lD PROPERTY DAMAGE LIABILIW, for damages because of "prop- erty damage" to premises while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "occurrence" to whicl'r this insurane applies. (3) The amount we will pay is limited as described in Section B. Lim- its of Insunance, 3. Damage to Premises Rented to You of this endorsement. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS . COVER. AGES AA}ID B: a. Paragraph 2. is replaed by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance,4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily lnjury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to the limit shown in Sec- tion B. Limits of Insurance, 4.b. Loss of Earnings of this endorsement per day because of time off from work. MedicalPayments The Medical Expense Limit of Any One Person as stated in the Dedarations is amended to the limit shown in Section B. Limits of lnsurance, 5. Medical Pay- ments of this endorsement. Voluntary Property Damage and Gare, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. 4. 5. 6. lncludes copyrighted material of lnsurance SeMces Offie, lnc., with its permission.GA233 CO 0511 Page 9 of 16 b. Gare, Custody or Gontrol Liability Coverage sEcTtoN | - covERAGES, COV- ERAGE A BODILY INJURY Al.lD PROPERW DAMAGE LIABILIry, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of lnsurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Gare, Custody or Control Liability Govenage of this endorsement with respect to cover- age provided by this endorsement. These limits are indusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Gare, Custody or Gontrol Liability Coverage of this endorse- ment fix the most we will pay in any one 'bccurrenoe" regardless of the number of: (1) lnsureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits'. b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for eacfr 'bccurrence" which are in excess of the deductible amount stated in Section B. Limits of lnsur- ance, 6. Voluntary Property Damage and Gare, Custody or Control Liability Coverage of this endorsement. The limits of insurance will not be reduced by the application of such deducti- ble amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irespective of the amount. (3) We may pay any part or all of the deductible amount to effect set- tlement of any daim or "suit" and, upon notification of the ac- tion taken, you shall promptly re- imburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acqu i red Organ izations SECTION ll - WHO lS A1{ INSURED is amended as follcnrs: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after 1ou acquire or form the organizationor the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENEML LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Ohers to Us is hereby amended by the addition of the following: We waire any right of recovery we may have because of payments we make for injury or damage arising out of your ongo- ing operations or "your work" done under a written contract requiring such waiver with that person or organization and in- cluded in the "products-completed opera- tions hazard". However, our rights may only be waived prior to the "occurren@" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suif'or trans- fer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II-WHO IS AT.I INSURED: (1) Any person or organization de- scribed in Paragraph 9.a.(2) be- low (hereinafter referred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of: (a) A written contract or agree- ment; or (b) An oral agreement or con- tracf where a ertifcate of insurane showing that per- son or organizatim as an additional insured has been issued, is an insured, provided: Includes copyrighted material of Insurance Services Offie, Inc., with its permission.GA233 CO 0511 Page 10 of 16 (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective dur- ing the policy period; and 2l Executed prior to an 'bccurrene" or offense to which this insurane would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. Only the follorring persons or or- ganizations are additional insur- eds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exdusions: This insurance does not ap- ply to: 1) Any "occurrene" whictr takes place after you cease to be a tenant in that premises. 2) Structural alterations,new construction or demolition operations performed by or on be- half of such additional insured. (b) Any person or organizationfrom which )ou lease equipment with whom you have agreed per Paragraph 9.a.(1) above to provide in- surance. Such person(s) or organizatian(s) are insureds, but only to the extent that the liability for "bodily injury", "property damage" or "per- sonal and advertising injury"is caused by lour negli- gence, acts or omissions in the maintenance, operation I ncludes copyrighted material of lnsurance Services Offie, Inc., with its permission. or use of equipment leased to you by sucfr person(s) or organizatims(s). However, this insurance does not ap-ply to any 'bccLlrrence" which takes plae after the equipment lease expires. Any person or,organization (referred to below as ven- dor) with whom you have agreed per Paragraph 9.a.(1) above to provide in- surance, but only with re- spect to "bodily injuqy'' or 'property damage" arising out of '!our products" whicfr are distributed or sold in the regular @urse of the ven- dor's business, srbject to the following additional ex- clusions: 1) The insurance afforded the vendor does not apply to: a) "Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liabilityin a contract or agreement. This exdusion does not apply to liability for damages that the vendor would have in the absene ofthe oontract or agreement; b) Any express war- ranty unauthorized by you; c) Any phyaical or chemical changein the product made intentionally by the vendor; d) Repackaging, ex-cept when un- packed solely for the purpose of in- spedion, demon- stration, testing, or the substitution ofparts under in- stuctions from the manufacfurer, andthen repackaged in the original con- tainer: (c) (21 GA233 CO 0511 Page 11 of16 e) Any failure to make such inspec- tions, adjustnents, tests or servicing as the vendor has agreed to make ornormally under- takes to make in the usual ourse of business, in con- nection with the distribution or sale of the products; 0 Demonstration, in- stallation, servicingor repair opera- tbns, except such operations per- formed at the ven- dor's premises in connec'tion withthe sale of the product; g) Products which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor: or h) "Bodily injury" or "property damage" arising out of the negligence, acts or omissions of the vendor, its em- ployees or an),one else acting on its behalf. This insuranoe does not apply to any insured person or organization: a) From whom youhave acquired such products, orany ingredient, part or container, entering into, ac- companying or containing sucfr products; or b) When liability in- cluded within the "products- completed opera- tions hazard" has been excluded un- der this Coverage Includes copyrighted material of Insurance Services Offie, Inc., with its permission. Part with respect to such producfs. Any state or political subdi- vision with which you haveagreed per Paragraph 9.a.(1) above to provide in- surance, subject to the fol- lowing additional povision: This insurane applies only with respec{ to the following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to whicfr this insurance applies: 1) The existence, mainte- nance, repair, construc- tion, erection, or re- moval of advertising signs, awnings, cerno- pies, cellar entranes, coal holes, drivewaye, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2l The construction, erec- tion, or removal of ele- vators: or 3) The ownership, main- tenance, or use of any elevators covered by this insurance. Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1) above to provide in- suran@, subject to the fol- lowing provisions: 1) This insurance applies only with respect to op- erations performed by )ou or on your behalf for whicfr the state or political subdivision has issued a permit. 2l This insurance does not apply to "bodily injury", "property damage" or "personal and advertis- ing injury" arising out of operations performed for the state or political subdivision. For "your work" performed in Colorado, any person or (d) (e) 2l (0 GA233 CO 0511 Page 12 of 16 organizatim with which you have agreed per Paragraph 9.a.(1) above to provide in- surance, but only to the ex- tent that the liability is caused by'!our work" per- formed for that additional in- sured and only to the eXent that sucl'r liability is caused by your acts or omissions or the acts or omissions of those acfing on your behalf. A person or organization's status as an insured under this provision of this en- dorsement continues for only the period of time re- quired by the written con- tract or agreement, but in no event beyond the expiration date of this Coverage Part. lf there is no written contract or agreement, or if no period of time is required by the written contract or agree- ment, a person or organiza- tion's status as an insured under this endorsement ends when your operations for that insured are com- pleted. (g) For "your work" performed in the "@verage territory" but not in Colorado, any person or organization with which you have agreed per Panagraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of "your work" per- formed for that additional in- sured byyou or on your be- half. A person or organiza- tion's status as an insured under this provision of this endorsement continues for only the period of time re- quired by the written con- tract or agreement, but in no event beyond the e>piration date of this Coverage Part. If there is no written contract or agreement, or if no period of time is required by the written contract or agree- ment, a person or organiza- tion's status as an insured under this endorsement ends when your operations for that insured are com- pleted. Any insuranoe provided to an additional insured designated under Paragraph 9.a.(2): (a)Subparagraphs (e), (f) and (g) do not apply to "bodily in-jur/' or "property damage" included within the "prod- ucis-cornpleted operations ha- rd"; Subparagraphs (a), (d), (e) and (g) do not apply to "bod- ily injury", "property dam- age" or "personal and ad- vertising injuq/' arising out of the sole negligen@ or willful misconduct of the ad- ditional insured or its "em- ployees"; or Subparagraph (f) and (g) do not apply to 'bodily injury", "property damage" or "per- sonal and advertising injury" arising out of: 1) The rendering of, or failure to render, any professional services by )ou or on your be- half, but only with re- spect to either or both of the following opera- tions: a) Providing engi- neering, architec- tural or surveying services to others: and b) Providing, or hiring independent pro- fessionals to pro- vide, engineering, architectural or surveying servies in connection with construcfion work you perform. (b) (c) (3) lncludes copyrighted material of Insurance Services Offioe, Inc., with its permission. 2l Subject to Paragraph 3)below, professional services indude: a) Preparing, approv- ing, or failing to prepare or ap- prove, maps, shop drawings, opin- ions, reports, sur- veys, field orders, change orders, ordrawings and specifications; and b) Supervisory or in- specfion actiMties performed as part of any related ar- GA233 CO 0511 Page 13 of 16 chitecfural or engi- neering actiVties. 3) Professional services do not indude servioeswithin construction means, methods, tech- niques, sequences and procedures employed by you in connection with construction work you perform. (d) Subparagraphs (f) and (g) do not apply to "bodily in- jury'' or "property damage" arising out of "yourworK'for which a consolidated (unatr up) insuranoe program has been provided by the prime contrac{or / project manager or owner of the constuction project in which you are in- volved. b. Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2) Sub- paragraphs (f) and (g) above, SEG- TION lll- LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part. whichever are less. lf no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Dedarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insuranoe shown in the Dedarations. c. SECTION lV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1) Condition 5. CIher Insurance is amended to include: (a) Where required by a written contract or agreement, this insurance is primary and / or noncontributory as respeds any other insurance policy issued to the additional in- sured, and sucfr other in- surance policy shall be ex- cess and / or noncontribut- ing, whichever applies, with this insurance. (b) Any insurane provided by this endorsement shall be I ncludes copyrighted material of I nsurance Services Offie, Inc., with its permission. primary to other insuranoe available to the additional insured except: 1) As otherwise providedin SECTION lV COMMERCIAL GEN-ERAL LIABILITYcoNDtTtoNs, 5. Other Insurance, b. Excess Insunance; or 2l For any other valid and collectible insurance available to the addi- tional insured as an ad- ditional insured by at- tachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided un- der this endorsement shall also be excess. (2) Condition 11. Confornance to Specific Written Contract or Agreement is hereby added: 11. Conformance to SpecificWritten Contract or Agreement a. With respect to addi-tional insureds de- scribed in Paragraph 9.a.(2)(f) above only: lf a written contract or agreement between you and the additional insured specifies that coverage for the addi- tionalinsured: (1) Be provided bythe lnsurance Ser- vices Office addi- tional insured form number CG3227, CG 32 28 or CG 3229; or (21 Include coverage for completed op- erations: or (3) Include coverage for "your work"; and wtrere the limits or coverage provided to the additional insured is more restrictive thanwas specifically re- quired in that written contract or agreement,the terms of Para- GA233 CO 0511 Page 14 of 16 10.b. 11. sraphs 9.a.(3)(a) or 9.b. above, or any combina- tion thereof, shall be in- terpreted as providing the limits or @verage required bythe terms of the written contract or agreement, but only to the extent that sucfi lim- its or coverage is in- cluded within the terms of the Coverage Part to which this endorsement is attached. With respect to addi-tional insureds de- scribed in Paragraph 9.a.(2xg) above only: lf a written contract or agreement between 1ou and the additional insured specifies that coverage for the addi- tional insured: a. Be provided by the Insurance Ser- vices Office addi- tional insured form number CG 20 10or CG 20 37(where edition specified); or b. Include coverage for completed op- erations; or c. lnclude coverage for "your work"; and where the limits or coverage provided to the additional insured is more restrictive thanwas specifically re- quired in that written contract or agreement,the terms of Para- sraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above,or any combination thereof. shall be inter- preted as providing the limits or coverage re- quired by the terms of the written contract or agreement, but only to the extent that such lim- its or coverage is in- cluded within the terms of the Coverage Part to which this endorsement is attached. lf, however, the written contract or agreement specifies the lnsurane Services Office additional in- sured form number GG20 10 but does not speciff which edition, or specifies an edition that does not exist, Para- sraphs 9.a.(3)(b) and 9.b. of this endorse- ment shall not applyand Paragraph 9.a.(3)(a) of this en- dorsement shallapply. Broadened Contractual Liability - Work Within 50'of Railroad Propefi It is hereby agreed that Paragraph f.(1) of Definition 12. "lnsured contract" (SEC- TION V - DEFINITIONS) is deleted. Property Damage to Bonowed Equip- ment The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I . COVERAGES, COVERAGEA BODILY INJURY AID PROP. ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exdu- sion do not apply to tools or equip- ment loaned to you, provided they arc not being used to perform operations at the time of loss. With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sedion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this en- dorsement. These limits are in- clusive of and not in addition to the limits being replaced. The Limits of lnsuranoe shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currene" regardless of the number of: (a) lnsureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". b. Includes copyrighted material of Instrrance Services Offie, lnc., with its permission.GA233 CO 0511 Page 15 of 16 (21 Deductible Glause Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each 'bccrrrren@" which are in excess of the Deductible amount stated in Sec'tion B. Limits of lnsur- anoe, 11. of this endorse- ment. The limits of insur- anoe will not be reduced by the application of such De- ductible amount. Condition 2. Duties in the Event of Occunence, Of- fense, Claim or Suit, ap- plies to each daim or "suit" irrespective of the amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tificatim of the action taken, lou shall promptly reim- burse us for suctr part of the deduc'tible amount as has been paid by us. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SEGTION ll - WHO lS A1.l INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergenqy Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurren@" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties inthe Event of Occurrence, Offense, Claim or Suit (SECTION lV - COMMER- CIAL GENEML LIABILITY CONDI- TIONS) is herebydeleted and replaed by the following: a. You must see to it that we are notified as soon as practicable of an 'bccur- rence" or an ofiense which may result in a claim. To the eXent possible, no- tie should include: (1) How, when and where the 'bc- curren@" or ofiense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) Il" nature and location of any injury or damage arising out of the "o@urren@" or offense. This requirement applies only when the "occrJrrence" or offense is known to an "authorized representative". (a) (b) (c) 12. Includes copyrighted material of Insurance Services Offie, lnc., with its permission.GA233 CO 0511 Page 16 of {6