HomeMy WebLinkAboutC16-123 Great Expectations of Grand Junction dba All Seasons Equipment RentalAGREEMENT FOR EQUIPMENT AND/OR MATERIALS BETWEEN EAGLE COUNTY. COLORADO GREAT DPECTATIONS OF GRAND JTINCTIOffiLC DBA ALL SEASoNS EQUIPMENT RENTAL TFIIS AGREEMENT ('Agreemenf') is effective as of tne lt{f* auv ot *PllSL .20t6byand berween Great Expectations of Grand Junction, LLC, a Colorado limited liability company d/bla All Seasons Equipment Rental (hereinafter *Veudor') and Eagle County, Colorado, a body corporate and potitic (hereinafter'County'). RECITALS WHEREAS, County desires to purchase a mobile power washer for ECO Transit operations; and WHEREAS, Vendor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessa4/ to provide the equipment and/or materials as set forth below in paragraph I hereof; and WHEREAS, this Agreement shall govern the relationship between Vendor and County in connecfion with the procurement of equipment and/or materials. AGREEMENT NOw, TIDREFORE, in consideration of the foregoing and the following promises Vendor and County agree as follows: l. Equipment. Vendor agrees to procure the materials, equipment and/or products (collectively the "EquipmentJ described in Exhibit A which is attached herrto and incorporated herein by reference. The Equipment shall be provided in ascordance with the provisions and conditions ofthis Agreement. a. Vendor agrees to fumish the Equipment no later than May 31, 2016 and in accordance with the schedule established in Exhibit A. If no date is specified in Exhibit Ae then Vendor agrees to furnish the Equipment in a timely and expeditious manner. By signing below, Vendor represents that it has the expertise and personnel necessary to properly and timely provide the Equipment b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreemen! the terms and conditions set forth in this Agreement shall prevail. c. County shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Vendor shall upon County's request and at no charge to County: take the Equipment back; exchange the Equipment; or repahthe Equipment- 2. Couutv's Repres€ntative. The ECO Transit Departrnent's designee shall be Vendor's contact with respect to this Agreemont. i. lt. 1ll. C16-123 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph l0 hereof shall continue in full force and effect through the 3l$ day of December, 2016. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional Equipment shall be provided by Vendor unless and until Vendor has obtained written authorization and acknowledgement by County for such additional equipment in accordance with County's internal policies. Accordingly, no course ofconduct or dealings berween the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Eguipmenq and no claim that County has been unjustly emiched by any Equipment, 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 tlat written authorization and acknowledgment by Cormty for such additional equipment is not timely executed and issued in strict accordance with this Agreemenq Vendor's rights with respect to such additional equipment shall be deemed waived and such failure.shall result in non-payrnent for such additional equipment. 5. Compensation. County shall compensate Vendor for the Equipment in a sum computed and payable as set forth in Exhibit A. The Equipment under this Agreement shall not exceed $S,500.00. a. Payment will be made for Equipment satisfactorily delivered and accepted by County within thirty (30) days ofreceipt ofa proper and accurat€ invoice from Vendor. All invoices shall include detail regarding the Equipment and such other detail as County may request. b. lf, at any time during the term or after tennination or expiration of this Agreemen! County reasonably dotermines that any payment made by County to Vendor was impropor because the Equipmsnt for which payment was made were not provided as set forth in this Agreemen! then upon written notice of such determination and request for reimbursement from Counf, Vendor sball forthwith return such payment(s) to County. Upoa termination or expiration of this Agreement, unexpended fi.mds advanced by County, if any, shall forthwith be retumed to County. c. County will not withhold any taxes from monies paid to *re Vendor hereunder and Vendor agrees to be soiely responsiblo for the accurate repofiing and payment ofany taxes related to pa)rments rnade pursuant to the terms of this Ag'e€ment. d. Notwithstanding anything to the confiary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 3l 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,tttle 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. Insurance. Vendor agrees to provide and maintain at Vendor's sole cost and expense, the following insurance covercge with limits of liability not less than those stated below: Types oflnsurance. i. Workers' Compensation inswance as required by law. ii" Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. 2 Mobils Horsy Conaact 040616 iii. Commercial General Liability coverage to include premises ard operations, personaVadvertising injury, productslcompleted operations, broad form property damage with limits of liability not less than $1,000,000 per occurnence and $1,000,000 aggregate lirnits. b. Other Requiremenb- i' The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or aftiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate ofinsurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. termination hereof. The insurance provisions ofthis Agreement shall survive expiration or iii. The parties hereto understand and agree that the County is relyrng on, and does not waive or intend to waive by any provision of this Agreoment, the monetary limitations or rights, immunities and protections provided by fhe Colorado Governmental Immunity Act" as from time to time arnended or otherwise available to County, its affrliated entities, successors or assigns, its elected officials, employees, agents and volunteers. iv. Vendor is not entitled to workers' compensation benefits sxcept as provided by the Vendor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Vendor or some other entity. The Vendor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement 7. Indemnification. The Vendor shall indemnifr and hold harmless Coung, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out o{, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Vendor or any ofits subcontractors hereunder; and Vendor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third parry for such claims without regard to the involvement of fhe Vendor. This paragraph shall survive expiration or termination hereof. 8. Documents. Vendor shall execute any bill of sale or otler documents required by County to transfer title of the Equipment to Coun{. Vendor shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 9. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personatly delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other conparable courier service, charges prepaid, to the parties at their respective addresses listed brloq or (iv) when sent via facsimile so long as the sending parry can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmified via e-mail with confirmation of receip. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice ofsuch change to the other party. COUNTY: Eagle County, Colorado J Mobile Hotsy ContrBot 040616 Attention: Jared Bames 3289 Cooley MesaRoad Post Office Box 1070 Gypsurru CO 81637 Telephone: 97 0-328-3 528 Facsimile: 97 0-328-3 539 E-mail: Jared.Barnes@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-38-E685 Facsimile: 97 0-328-8699 E-Mait atty@eaglecounty.us VENDOR: Great Expectations of Grand Junction, LLC dlb/a All Seasons F,quipment Rental Attention: Jake McCall 29561:70 Business Loop Grand Junction, CO 81504 Telephone: 97U8124565 Facsimile: 97 0-3 | 4-23 52 Email: JacobM@asrgi.com l0' Termination. County may terminate this Agreemenq 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 Vendor. Upon terrnination of this Agreement, Vendor shall immediately provide County with all documents as defined in paragraph 8 hereo{, in such fonnat as County shall direct and shall return all County owned materials and documents in the possession of Vendor, if any. County shall pay Vendor for Equipment satisfactorily inspected and accepted to the date of termination. I l. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreemeng 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 shalt be governed bytie laws of the State of Colorado. 12" Execution by Counterparts: Electronic SiFratures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but atl of which shall constitute one and the same instrument. The parties approve the use of electonic signatures for execution of tlis Agreement. Only the following fwo forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a firlly executed copy of the signature page; (ii) &e image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions AcL C.R.S. 24-71.3-l0l to 12l- 13, Other Confact Requirements and Vendor Representations. 4 Mobile Hotsy Contract 040616 a- Vendor has familiarized i*elf with the intended plupose and use of the Equipment to be provided hereunder, *re intended use of such Equipment by County, and with aU local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affecl cost, progress, or Equipment. b. Vendor will make, or cause to be made, examinations, investigations, and tests as he deerns necessary for the performance of this Agreement. c. The fact that the County has accepted or approved the Equipment shall not relieve Vendor ofany ofits responsibilities. Vendor r€presents and warrants thal it has th€ expertise and personnel necessary to properly perform the terrns of this Agreement. Vendor shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement. Vendor will provide the Equipment in a skillfirl, proGssional and competent manner and in accordance with the standard of care applicable to vendors supplying similar equipment. d. Vendor warrants merchantability and fitness of the Equipment for its intended use and purpose. e. Vendor hereby represents and warrants that the Equipment will be new and guarantees all Equipment against defects for a period of one (l) year from the date &e Equipment is accepted by County, or such longer period as may be provided by the law or as otherwise agreed to by the parties, f. All guarantees and warranties of Equipment fumished to Vendor by any manufacturer or supplier are for the benefit ofCounty. Ifany manufacturer or supplier ofaay Equipmeut furnishes a guarantee or warrantee for a period longer than one (l ) year, then Vendor's guarantee or w:rnante€ shall extend for a like period as to such Equipment. g. Vendor warr-ants that title to all Equipment shall pass to County either by incorporation into the County facility or upon rcceipt by Vendor of payment from County (whichever occurs first) fiee and clear of all liens, claims, security inGrests or encumbrances. Vendor flrther warrants that Vendor (or any other person performing Work) purchased all Equipment free and clear of all lien5, slsims, security interests or encumbrances. Notwithstanding the foregoing, Vendor assumes all risk of loss with respect to the Equipment until County has inspected and approved the same. h. Wilhin a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to County, and without intemrption to County: i. Any defects in Equipment which existed prior to or during the period of any guarantee or waranty provided in this Agreement; and ii. Any damage to any properly caused by such defects or the repairing ofsuch defects. i. Guarantees and warranties shall not be construed to modiff or limit any rights or actions County may otherwise have against Vendor in law or in equity. j. Vendor 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. k. This Agreement constitutes an agreement forperformance by Contractor as an independent Contrac{or and not as an employee of Counfy. Nothing contained in this Agreoment shall be deemed to cr€at€ a Mobile Hotsv Contast 040616 relationship of employer-employeq master-servanl parrrership, joint veoture or any other relationship between County and Vendor except that ofindependent Vendor. Vendor shall have no authority to bind County. l. Vendor represents and wanants that at all times in the performance of the Agreement, Vendor shall comply wittr any and all applicable laws, codes, rules and regulations- m. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agre€ments or understanding between the parties with respect drereto. n. Vendor shall not assign any portion of this Agreement without the prior written consent of the County. Any aftempt to assign this Agreement without such consent shall be void. o. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respectiva permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. p. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver tlereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. q. The invalidity, illegalify or unenforceability of any provision of this Agreement shall not affect the validity or enforceability ofany other provision hereof. r. The signatcries to fhis Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Equipment described in &is Agreement. The Vendor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Agreement and Vendor shall not employ aay person having such known interests. s. The Vendor, ifa natural person eighteen (18) years ofage or older, hereby swears and af,ftrms mder 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.RS. 24-76.5-103 prior to the effective date of this Agreement. 14. Prohibitions on Govemment Contracts. As used in this Section 14, the term rmdocumented individual will refer to those individuals from foreign couatries not legally in the United States as set forth in C.R.S. 8-17.5-101, et. s€q. If Vendor has any employees or subconfractors, Vendor shall comply with C.R-S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement Vendor cedifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Vendor will participate in the E-verify Program or other Deparhent of Labor and Employment progran f'Deparment Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement- Vendor shall not: i. Knowingly employ or conFact with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to cerfiry to Vendor that the subcontractor shall not knowingly employ or coutract wfuh an undocumented individual to perform work under the public contract for services. 6 Mobile Hotsv Contraot 040616 b. Vendor has confirmed the employment eligibility of all employees who are newly hired for employment to perforrr Services under this Agreement tbrough participation in the E-Verifr kogram or Deparhent Program, as administered by the United States Depmtment of Homeland Security. Inforrnation on apptying for the E-verify program can be found at: http://www.dhs. eovlxorevproVprosrams/ec- I I 8522 I 6?8 I 5 0. shtm c. Vendor shall not use eitler the E-verif progam or other Deparfinent Program procedures to undertake pre-employment screening ofjob applicants while the public contract for services is being perforrned. d. If Vendor obtains actual knowledge that a subconfractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Vendor shall be required to: i. Notify the subcontractor and County within three (3) days that Vendor 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 pwsuant to zubparagraph (i) of the paragraph (d) ihe subcontractor does not stop employing or contracting wi& dre undocumented individual; except frat Vendor sball not terrninate the contract with the subcontractor ifduring such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly ernployed or contracted with an undocumented individual. e. Ve'ndor shall comply with any reasonable request by the Departrnent 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.s-102(5). I If Vendor violates these prohibitions, CounfSr may terminate the Agreement for breach of contract. Ifthe Agreement is so terminated specifically for breach of this provision of this Agreemenl Vendor shall be liable for actual and consequedial damages to County as required by law. g. County will notifu the Colorado Secretary of State if Vendor violates this provision of this Agreement and County terminates the Agreement for such breach. IREST OF PAGEINTENTIONALLY LEFT BLANKJ 7 Mobile Hotsy Contract 040615 IN WTINESS WHEREOF, tle parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE oF COLORADO, By and Through Its COUNTY MANAGER VENDOR: GREAT EXPECTATIONS OF GRAND JUNCTION. LLC DBA ALL SEASONS EQUIPMENT RENTAL {dY Kee{*cnbso,tr cFa[ County Manager 8 Mobile Hotsy Contmct 040616 E)(HIBITA scoPE oF SERVTCES AND EQUIPMENT, SCHEDULE, FEES All Sea,sons Hotsy 2956 I-70 Business Loop Grand Junction, CO, 81504 Phone: (970) 812-4665 Fax: {970) 3L4-2352 Website: www.hotsy.com QUSTATTONPrepared For: J8red Borne! Plannirq Mana6er FCO Trantiit & Traik 3:89 Cooley Mesa Road P,O. Bor 1070 Gyp$u&, CO 81637 i9701 328-3528 ' Ofti(e H{ry DarcrlFtlon Ctt Llr* Prtcc Dlr@snt ql NG 3.6,3500 Oll YHls QUOTE tS VALTD fOR THIRTY {3S} DAYS q_uaEntee to acfomplish shipment on tht dates or esdmated tims p€riod mstioned TO ACCEp? tltts QuoTATrot{, PLEASE gI6N & OATE HERE: Iqrrrlg & Conditiom: ilt orde€ sre $usJecl tf {pproval gnd acceptanre b9 *aid tt615y 6*r1er 8nd shelt be subject tothe terms snd condiuons hereln containad, pnd to no !:therg whatsoever unl€s$ altered qr hodified br $aid Hotsydealer |n srltlng. s&d ttstsy dealef Ehdi be excused for any detay due to striker, accldentr, rvar, firei, Actl of ebd,or any otner causet beYond our €6nttol. PromBeg of d€livery are bared on &r expectations" and do€3 not tVcf$fng Cfeans Lfke a ffotsyl THANX YAU FOR TN5 OPPOR7fl,{'Ir'.y TO EARN yo{JR SUsIilTss 9 Mobile Hotsy Contact M0616 ,ffigffi Dtter 313O/16 Hotsy Sale3 Consuttani: Jake Mccall Phone: {970) 773-0050 Email: jacobrn@asrgj.com Fsti|llstsd $hip Snte: 1S - l4 $usinss$ S*)'s s/+*t.'id.d TOTAL Omce t,se Orily: EXHIBITB IN SI.JRANCE CERTIFICATES l0 Mobile Hotsy Contract 040616 Ao")T<T)CERTIFICATE OF LIABTLITY INSURANCE DAIE(A'DofrYVYl 01lLL/2AL6 THIS CERTIFICATE IS ISSUED AS A MATTER OF IilFORilANON OI{LY AND CONFERS TO ruCTTS TIPOTT THE CERTIFICATE HOLDER THIScERtlFlcATE DoFs lloT AFFIRITIATnIELY oR NEGATryELY AItEttD, ExTEND oR ALTER nre coranlleE AFFoRDED By THE FoltctEsBELOW. THIS CERnFEATE OF litsuRAllcE DoEs NOT COilSilTUTE A COilTRACT BETWEEI{ THE tSSUtNc tftsuRER(s), AuTHordzEDREPRESE}f]AIIVE OR PRODUCE& AI{D THE CERNHCATE HOU}ER IMFORTAilT: lf the cerdf,cate holdor is an ADDITIOIIAL lll lhe torms snd cqrdltlons of the pollcy, certaln polhlcs may ruqulre an endoreement A statement on thls cer0ficato do€6 not conftr rigtrta to Urecodlficde lolder In lieu ofeuch endoroenren(s). prcolrcEn LIc *cA LrC 1-925-798-333a Edgercod PritD.ars faaurauc€ Cmf€r (E?XC) lcoacoad ProgrreDs G.loup - Brrtrcb 1555g1P.O. Box' 5659 co8rcord, gf, 9{52d atLD Lav611€ ffif- ghrkeaeb wbtr.ride ffift ". ehrk€lah.rhlt.rid€Cqrtcbrok.ra.c@ NSUNER(sI AFFOROII{G COVERAGE illn a tilslrRERA: !{OVA Clg C!42552 O{8I'RED Crral Eqractatioor of graad .tuactl,6., &LC dba: 111 Se.ao8r 2956 I-70 Busiaesr Loog GlaDd firnctloa, C! 8150{ INSI'RER E : IXEIJRERG r tt{8URER O : *-=*__ $IS'RER E: INSIJRER F T{UlIBER: TI{IS IS TO CERTIFY THAT THE POLICI€S OF INSURANC-LSTCO EE INDICATED. NorwlrHsrANot!,t9$rY REQUIREMEilT, TERM oR coNDtroN oF ANy courRAcr oR orHER oocu,rEr.rr wrrH REspEcr ro wHtcH rHtsCERNFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRISED HEREIN IS SU&IECT TO ALL THE TERMS,EXCLUSIONS ANO CONOTTONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COMMERCIAL GENERAL UABIUW cr-ArM.+MAoE I t loccun RNrCrJ00102953 o6/02115 r 10, 000 firToflodLE uAax,tw ANYAUTO ALLoIATNEo f--lscneour_eoAUTOS I I AUTOS HrREoAUros [ | X8];3*nto csMP $500 lx lcOl,r. $500 EODILY IiUURY (Ps sk 6nt) o6/02lL6 t 1, 000, 000 10,000 woiu(ERg coflPEir8Anoil ANO ETPLOVER$ UABILITY ANY PROPRFTOR/PARINER]EXECUTIVE oFFrc€RlilEta€R Exclt o€D? fladdoryhXHl DE8CRFIIO{ OF OPERAM|iIS, r.oCAnOilS, VEHICLEI! {A6rdt ACORO l0'1, Arrdltlqd Rcmrt Schqr1r|r, |f 16 $.o tt E{rt6dl E gle Clourty, Lts aasoc:lrlioa, |rd s1€ct6d of,flcl.lE, --!rl('yser r',d voluDt.€rg ac tbeir rarpectl?e iuterart lAy rpp.aEaa Pff rtl'ttsa coatract a!3 ldditioaal lDsurcds c6t1€ra1 f.trbtltty & luto tirbtuty per thr attachsd adors€d.dt.. laEfe couDty Po aox 850 Eagl,e, Ct 81531 SHOT'LDANY OF THE ABOV€ DESERIBED FOUGIES gE CA'{CELLS BEFORETHE EXPNANON DATE 'HEREOF, NONGE WLL BE DEL|VERED fi ACCORDANCE WITH THE POTICY PNOUS{'ilA. ruTl(NTD N€PRESEilTATN'E /- @ 1988-2010 ACORD CORPORAnON. Atl n83ery€d. ACORD 25 (2010105)gYblt..side 4555{554 The ACORD name and logo rr€ rcglstered marlre of ACORD POL|CY #: ruEqr.oo1o2s53 COMMERCIALAUTO cA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply untess modi- fied by this endorsemenl. This endorsement identifies person(s) or organization(s) who are "insureds' under the Who ls An Insured provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s) or Organization(s): Easl€ county PO Bo* 850 (lf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorcement.) Each person or organization shown in the Schedule is an "insured' for Liability Coverage, but only to the extent that person or organization qualifies as an 'insured' under the Who ls An lnsured Provision contained in Section ll of the Coverage Form. Endorsement Effective: 05 / oz / 2ors /*ffi-Named Insured: Cr€at E:<pectatioas of Or.nd Juactloa, LLC dba: All S€asoss cA 20 48 02 99 Copyright, lnsurance Services Office, Inc., 1998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMANC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENTWITH YOU- PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section ll - Who ls An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operalions performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. This insurance applies on a primary basis if that is required by the written contract, written agreement or permit. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusions This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engi neering or surveying services, including : (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surueys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage' occuning 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 site 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 principalas a part of the same project. NCC-HAC-oO2 (1UO5)Page 1 of 1