HomeMy WebLinkAboutECAT14-016 Landscape Technology Group, Inc. AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY MR TERMINAL CORPORATION AND LANDSCAPE TECHNOLOGY GROVP,INC. THIS AGREEMENT("Agreement")is effective as of the day of G1,<'ji ,20/4 by and between Landscape Technology Group,Inc.,a Colorado Corporation,(hereinafter"Contractor")and Eagle County Air Terminal Corporation,a Colorado non-profit corporation(hereinafter"ECAT"). RECITALS WHEREAS, by Agreement dated April 30, 2013, ECAT and Contractor contracted for Contractor's installation of certain landscape and irrigation improvements at the area identified in the attached Exhibit A,incorporated herein by this reference,which is outside the terminal and parking area at the Eagle County Regional Airport terminal building (the"Property");and WHEREAS,ECAT wishes to contract with Contractor for ongoing maintenance of certain areas of the landscaped Property;and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and ECAT in connection with the Services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and ECAT agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit B ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services in accordance with the schedule established in Exhibit B. If no completion date is specified in Exhibit B, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and/or Exhibit B and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. 2. ECAT's Representative. The Aviation Director's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of paragraph 11 hereof,shall continue in full force and effect through the end of the 2014 landscape season. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties.Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by ECAT for such additional services in accordance with ECAT's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that ECAT 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 ECAT 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. ECAT shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit B. Compensation for performance of the Services under this Agreement shall not exceed$7,309.75. 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 ECAT. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. Invoices may be submitted on a monthly basis.All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as ECAT may request. b. If,at any time during the term or after termination or expiration of this Agreement,ECAT reasonably determines that any payment made by ECAT 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 ECAT,Contractor shall forthwith return such payment(s)to ECAT. Upon termination or expiration of this Agreement,unexpended funds advanced by ECAT,if any,shall forthwith be returned to ECAT. c. ECAT will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6. Subcontractors. Contractor acknowledges that ECAT has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without ECAT's prior written consent,which may be withheld in ECAT's sole discretion. ECAT shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom ECAT has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor, as approved by ECAT and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward ECAT.ECAT shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 2 ECAT 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: a. Types of Insurance. i. Workers'Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include ECAT,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. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to ECAT separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that ECAT 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 ECAT,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. v. Contractor is not entitled to workers'compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless ECAT,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which ECAT 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 nonperformance by Contractor or any of its subcontractors hereunder;and Contractor shall reimburse ECAT for reasonable attorney fees and costs,legal and other expenses incurred by ECAT 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 ECAT to the extent that ECAT is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 3 ECAT General Services Final 5/14 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 ECAT and are to be delivered to ECAT 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 party. EAGLE COUNTY AIR TERMINAL CORPORATION: Attention:Aviation Director 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone: 970-328-2680 Facsimile:970-328-2687 E-mail: ecair @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail:atty @eaglecounty.us CONTRACTOR: Landscape Technology Group,Inc. Post Office Box 5147 Vail,CO 81658 Telephone: 970-748-1939 Facsimile: 970-748-0031 E-mail: landscapevail@aol.com 11. Termination. ECAT 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 ECAT with all documents as defined in paragraph 9 hereof,in such format as ECAT shall direct and shall return all ECAT owned materials and documents.ECAT shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof, shall be litigated in the District Court for Eagle County,Colorado,which shall be the 4 ECAT General Services Final 5/14 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 Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given ECAT written notice of all conflicts,errors,or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that ECAT has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. 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 ECAT. 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 ECAT and Contractor except that of independent contractor.Contractor shall have no authority to bind ECAT. 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. 5 ECAT General Services Final 5/14 i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of ECAT. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. 1. 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 ECAT 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,if a natural person eighteen(18)years of age 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 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-verify 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. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not 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-Verify Program or Department Program,as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: 6 ECAT General Services Final 5/14 http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job 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. Notify the subcontractor and ECAT 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 if during 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, ECAT 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 ECAT as required by law. g. ECAT will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and ECAT terminates the Agreement for such breach. [Rest of page intentionally left blank] 7 ECAT General Services Final 5/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY AIR TERMINAL CORPORATION By: '/..�1 Keith Montag, Secretary CONTRACTOR: : me: ^-//e/G9f 0 Title: / 5/Dit — 8 ECAT General Services Final 5/14 EXHIBIT A MAP OF PROPERTY 9 ECAT General Services Final 5/14 • • CAMEO IY R 001y 91 RLNMC Eq.C•••••• 1 k I. i / ( i ----.. ____1, / , . ,-. i ,1„. . --1---- ... . , . _ _ . _. ,„ , 5 J ir/ '—. .l 11 ii I ii 1 1177 1.,h I • .10,,,, .1 -. N • . -' ...1,7, f)■••`-'1'4;i \ • e &.Z.,•••'..."ii...2:-....• 'AI* 1 7 I I I I li I liNt:.1' \ , r j 1 •4 %� /,v , 1 g 11..51 , iti , 1 s lk ., 1 r tl 1 . 1,..... ...:. :-."."-- :- . . . i, : I g II Im° CC . \ L ii e 4- ill I:1 '= 'I CJ C I:. r • 1 1 y i 1 1} 1 ' _._. 1IA IM.Ti:SNEt,Ld w .. *cig its..351ZEE Igl fRIZEiPE¢5811,_ ,i l;a§1 Fl i g. � n n € sn4 wM 9I¢' I i t.tZ i� i iiiil ililil iii il■ iii Sri dig its II 1-' 1 X 1 ;' i2 ti Pi y . ( i F ' ' 'oPOofH A!` a 0 es • g1 1• N ! E a 811R iii i iiiiiI l ill£if i;; 4 ii ! 11 N 1a 1 w 1 II f. If 1 °l i Eagle County Regional Airport # 1 III 1 I i i rillISTRUCTION il.i a III SET II, 0 1 E. Mil ii • . 0104D II+ R ttEM+.t Yk f.7.U.NeF+as+ - : - +...`cz a+a w aLi. � \{ ! wuTalun,E SHEET r- iti‘, is", ..Z , , ' : :_ i 111 ' lit ) 1 w ch "" , tr � g if 11 I 0 1 oc J iQs■ r Fa 11 tS) �.Y'- QN ■i P :11■ il 1 j g scr -=,„ 1 1. , 1 di F 7 i;I ! i 4 Rg d YOM* 0 i 1 ��' : "1"1".'.tllllil 1 ji ' } �D i , .. .. ... amigo 4 1 '; p i , — / ( • 1 1t Ilion ,. 0I R 1 II "Mr-le fill*we _ g g iril aii iiiiiiq' O,€m ! a 1 T _ uz ti i 1; 1 :11 i N IL Al r F G, A p ii I' °s� :Y liq VW fl VI ^ m _ z g ; E" xv'. to IIIIIIU PA W -4 i " E 2' i " Eagle County Regional Airport ! 14 11 STRUCTION -3a 4 NO SET i'' Ia r a , i I = c—rr..., 1 11 1, 1 S 6. ii0 iii EXHIBIT B SCOPE OF WORK 10 ECAT General Services Final 5/14 I Post Office Box 5147 I LANDSOAJ' E Vail,Colorado 81658 OLOG_GROUP-44C Office(970)748-1939 446, � S Fax (970)748-0031 Pa 80kfiiQp3 forour mountain TECH NOTES To: Eagle County Airport Date: June 27,2014 RESPONSE REQUESTED Chris Anderson From: Chris Ponder Project: 2014 Continuing SITE VISIT Maintenance MEETING Re: Landscape Maintenance PHONE NOTES Included below are notes on the 2014 Maint.Beyond Maint.Period proposal. The proposal now includes deep root fertilization on the trees that were existing prior to the 2013 improvements and a root stimulant application on the trees that were planted during the 2013 project. Eagle County Airport—2014 Maintenance Beyond Maint.Period This includes maintenance from the end of the maintenance period(Aug. 1)until the end of the 2014 landscape maintenance season. - Mow and Trim-Turf-This section includes mowing and trimming the turf at schedule 8 the dog station area from the end of the maintenance period until the end of the 2014 season. - Weed Control—Native Grass Areas-The goal is to allow the grasses to grow up to their full height to allow for maximum establishment and to review the aesthetic. We will be able to begin controlling the weeds with a spray application later in the summer once the grasses have had the first part of the season to continue to establish roots. - Irrigation Winterization-This section includes winterizing the irrigation system at the end of the 2014 landscape season. - Irrigation Review-This section includes reviewing the irrigation system on a monthly basis to insure proper functionality and adjusting to provide the proper amount of watering for the time of the season and the weather patterns. - Pruning and Weed Control-This section includes pruning and weeding at all plantings and plant beds on a bi-weekly basis as needed through the end of the landscape season. - Deep Root Fertilization—Existing Trees-This section includes fertilization of all of the trees that were existing prior to the 2013 project. The trees will be fertilized using a soil injector deep in the soil profile to encourage deeper root growth to promote hardiness and drought tolerance. - Root Stimulant Application—New Trees-This section includes an application of a root stimulant on the trees planted during the 2013 project. The arborist recommends this treatment at this point in the life of the trees to promote vigorous root growth. The root stimulant is specially formulated to be milder on young trees and targeted to promoting root growth,which is most important in young trees. Kind regards, Chris Ponder Landscape Technology Group chrisAlandscapetechnologygroup.com 970-904-0106 - 1 - Post Office Box 5147 IL A Niiti Vail,Colorado 81658 .._._TECWLOGY CROUP,Ne Office(970)748-1939 ,,o��..P!solutions far our mountalp"WI° e�, Landscape Vai laoa corn Estimate Submittal: Eagle County Airport - 2014 Maint. Beyond Maint. Period 6/27/2014 QUAN SIZE MATERIALS SUB-TOTAL MATERIALS UNIT COST LABOR,EQUIP &SUB TOTAL LANDSCAPE MAINTENANCE $7,309.75 MAINTENANCE-ONE YEAR $5,415.00 1 EACH Mow and Trim-Turf weekly $560.00 $560.00 1 EACH Weed Control-Native Grass Areas fall $1,080.00 $1,080.00 1 EACH Irrigation Winterization fall $890.00 $890.00 2 EACH Irrigation Review monthly $770.00 $385.00 6 EACH Pruning and Weed Control bi-weekly $2,115.00 $352.50 TREE MAINTENANCE $1,894.75 16 EACH Deep Root Fertilization-Existing Trees fall $1,108.00 $69.25 75 EACH Root Stimulant Application-New Trees fall $786.75 $10.49 Tax on materials $0.00 $0.00 TOTALS $7,309.75 $7,309.75 0 Page 1 EGE_2014Cont Manit_Est062714 Estimate • EXHIBIT C INSURANCE CERTIFICATE 11 ECAT General Services Final 5/14 • A ® CERTIFICATE OF LIABILITY INSURANCE OATE(MM/°D/YYYY)PREP 10/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Teresa Heupel Keller-Lowry Insurance Inc PHONE (303)756-9909 FAx (A/C.No Ext): (A/C.No):(303)756-8818 1777 S Harrison St #700 littEss:icanhelp @kellerlowr y.com INSURER(S)AFFORDING COVERAGE NAIC# Denver CO 80210 INSURER A:Nationwide Mutual 23787 INSURED INSURER B:PinnaCOl Assurance 41190 Landscape Technology Group Inc. INSURERC: PO Box 5147 INSURER D: INSURER E: Vail CO 81658 INSURERF: COVERAGES CERTIFICATE NUMBER:14-15 GL,AU,UM,WC,EQ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POUCY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 A CLAIMS-MADE X OCCUR ACP3006677568 5/20/2014 5/20/2015 MEDEXP(Anyoneperson) $ 5,000 X ADDITIONAL INSURED PRIMARY NON CONTRIBE PERSONAL 8,ADV INJURY $ Included X WAIVER OF SUBRO X X GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG_ $ 2,000,000 7 POLICY .178: 1-7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED ACP3006677568 5/20/2014 5/20/2015 AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 ACP3006677568 5/20/2014 5/20/2015 $ B WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'UABILITY Y/N X TORY OMITS I ER PROPRIET ANY OFFIC R/MEMBOER EXCLUDED?ECUTIVE Y- N/A E.L.EACH ACCIDENT $ 100,000 ' (Mandatory in NH) 4056406 5/1/2014 5/1/2015 E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT_$ 500,000 A LEASED AND RENTED TC3138649 5/20/2014 5/20/2015 MAX LIMIT $100,000 DED $500 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) ECAT, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are Additional Insured, with Waiver of Subrogation, for General Liability as required by written contract with Insured subject to the terms and conditions of the policy contract. Additional Insured, Waiver of Subrogation and Primary Non-Contributory coverage per policy forms attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Regional Airport ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE — . s- _ T Sibelius CIC CRM/TM - - ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(9nlnnnr m Tha A(^_f1Rr1 nnma anrt Inn^=rat raniefararl m,rlre of Ar:OPfl COMMERCIAL AUTO • AC0101A0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. NEWLY ACQUIRED OR FORMED ENTITIES d. Any "employee"of yours is an "insured" The Named Insured shown in the Declarations while using a covered "auto" you don't is amended to include any organization you own, hire or borrow in your business or newly acquire or form, other than a partnership, your personal affairs. joint venture, or limited liability company, and D. SUPPLEMENTARY PAYMENTS — BAIL over which you maintain ownership or majority BONDS (more than 50%) interest; if there is no other Paragraph A.2.a. (2) of the LIABILITY similar insurance available to that organization. COVERAGE SECTION is revised as follows: Coverage under this provision is afforded until the 180' day after you acquire or form the or- (2) Up to $2,500 for cost of bail bonds (in- ganization or the end of the policy period, whi cluding bonds for related traffic law vi- chever is later. olations) required because of an "acci- dent" we cover. We do not have to B. TEMPORARY SUBSTITUTE AUTOS — furnish these bonds. PHYSICAL DAMAGE COVERAGE E. SUPPLEMENTARY PAYMENTS — LOSS OF • The following is added to paragraph C. Certain EARNINGS Trailers, Mobile Equipment And Temporary Paragraph A.2.a.(4) of the LIABILITY Substitute Autos of the — COVERED AUTOS COVERAGE SECTION is revised as follows: SECTION: If Physical Damage Coverage is provided by (4) All reasonable expenses incurred by the "in- this Coverage Form, the following types of sured" at our request, including actual loss vehicles are also covered "autos" for Physi- of earnings up to $500 a day because of cal Damage Coverage: time off from work. Any "auto" you do not own while used with F. FELLOW EMPLOYEE — OFFICERS, the permission of its owner as a temporary MANAGERS,AND SUPERVISORS substitute for a covered "auto"you own that Paragraph B.5.A. Fellow Employee in the is out of service because of its: LIABILITY COVERAGE SECTION is replaced a. Breakdown; as follows; b. Repair; A. "Bodily injury" to any fellow "employee" of the"insured"arising out of and in the course c. Servicing; of the fellow "employee's" employment or d. "Loss";or while performing duties related to the con- e. Destruction duct of your business. This exclusion does The coverage that applies is the same as not apply to an "insured" who occupies a the coverage provided for the vehicle being position as an officer, manager, or supervi- replaced. sor. C. EMPLOYEES AS INSUREDS — NONOWNED G. PERSONAL EFFECTS AND PROPERTY OF AUTOS OTHERS EXTENSION The following is added to paragraph A.1. Who Is 1. Paragraph B.6. Care, Custody or Control of An Insured of the LIABILITY COVERAGE the LIABILITY COVERAGE SECTION, does • SECTION: not apply to "property damage" to property, other than your property, up to an amount AC 01 01 A 0310 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 with its permission ACP BAPD30-0.6677568 LSOIA 14153 INSURED COPY AC0101031000 0001 75 0033696 AC 01 01A 03 10 not exceeding $250 in any one "accident". 2) Financial penalties imposed under a • Coverage is excess over any other valid and lease for excessive use, abnormal collectible insurance. wear and tear or high mileage; 2. The following paragraph is added to A.4. 3) Security deposits not refunded by a Coverage Extensions of the — PHYSICAL lessor; DAMAGE COVERAGE SECTION: 4) Costs of extended warranties, Cre- c. We will pay up to $500 for your property dit Life insurance, Health, Accident, that is lost or damaged as a result of a or Disability insurance purchased covered loss", without applying a de- with the lease;and ductible. Coverage is excess over any 5) Carry-over balances from previous other valid and collectible insurance. leases. H. HIRED AUTO PHYSICAL DAMAGE 2. This coverage only applies to a"loss"which If covered "auto" designation symbols 1,8,61 or is also covered under this policy for Corn- 68 apply to Liability Coverage and if at least one prehensive, Specified Causes of Loss, or "auto" you own is covered by this policy for Collision coverage. Comprehensive, Specified Causes of Loss, or 3. Coverage does not apply to any unpaid Collision coverages, then the Physical Damage amount due on a loan for which the covered coverages provided are extended to "autos"you "auto"is not the sole collateral. lease, hire, rent or borrow without a driver; and K. RENTAL REIMBURSEMENT COVERAGE provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage ap- 1. This coverage applies only to a covered"au- ply. The deductible will be equal to the largest to" for which Physical Damage Coverage is deductible applicable to any owned "auto" for provided on this policy. that coverage. Any Comprehensive deductible 2. We will pay for rental reimbursement ex- does not apply to fire or lightning. penses incurred by you for the rental of an I. EXPANDED TOWING COVERAGE "auto"because of"loss"to a covered"auto". • We will pay up to: Payment applies in addition to the otherwise applicable amount of each coverage you 1. $100 for a covered "auto" you own of the have on a covered "auto." No deductibles private passenger type,or apply to this coverage. 2. $250 for a covered "auto" you own that is 3. We will pay only for those expenses in- not of the private passenger type, curred during the policy period beginning 24 for towing and labor costs incurred each time hours after the "loss"and ending,regardless the covered "auto" is disabled. However, the la- of the policy's expiration, with the lesser of bor must be performed at the place of disable- the following number of days: ment. a. The number of days reasonably re- This coverage applies only for an "auto"covered quired to repair or replace the covered on this policy for Comprehensive or Specified "auto". If "loss" is caused by theft, this Causes of Loss Coverage and Collision Cove- number of days is added to the number rages. of days it takes to locate the covered J. AUTO LOAN OR LEASE COVERAGE "auto"and return it to you. 1. In the event of a total "loss" to a covered b. The number of days shown in the Scher "auto", we will pay any unpaid amount due dule. on the loan or lease, including up to a max- 4. Our payment is limited to the lesser of the imum of $500 for early termination fees or following amounts: penalties,for your covered"auto"less: 1. Necessary and actual expenses in- a. The amount paid under the- PHYSICAL curred. DAMAGE COVERAGE SECTION of this 2. $75 for any one day or for a maximum policy;and of 30 days. b. Any: 5. This coverage does not apply while there 1) Overdue lease/loan payments at the are spare or reserve"autos"available to you • time of the"loss"; for your operations. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc AC 01 01A 0310 with its permission. ACP BAPD30-0-0677568 L8OM 14153 INSURED COPY AC0101031000 0001 75 0033697 1 AC 01 01A 0310 • 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, not apply to a covered "auto" of the private we will pay under this coverage only that passenger type or a vehicle with a gross ve- amount of your rental reimbursement ex- hide weight of 20,000 pounds or less which penses which is not already provided for is a new vehicle. under the PHYSICAL DAMAGE In the event of a total loss" to your new ve- COVERAGE Coverage Extension. hide to which this coverage applies, we will 7. Coverage does not apply to any covered pay at your option: "auto"for which coverage is provided by en- a. The verifiable new vehicle purchase dorsement form CA9923 on this policy. price you paid for your damaged ve- hicle, not including any insurance or L. EXPANDED TRANSPORTATION EXPENSE warranties purchased; Paragraph A.4.a. of the PHYSICAL DAMAGE b. If it is available, the purchase price, as COVERAGE SECTION is replaced by the fol- negotiated by us,of a new vehicle of the lowing: same make, model, and equipment or We will pay up to $50 per day to a maximum of the most similar model available, not in- $1000 for temporary transportation expense in- cluding any furnishings, parts, or equip curred by you because of the total theft of a ment not installed by the manufacturer covered "auto" of the private passenger type. or manufacturers'dealership;or. We will only pay for those covered "autos" for c. The market value of your damaged ve- which you carry Comprehensive or Specified hide, not including any furnishings, Causes of Loss Coverage. We will pay for tem- parts, or equipment not installed by the porary transportation expenses incurred during manufacturer or manufacturer's dealer- the period beginning 48 hours after the theft and ship. ending, regardless of the policy's expiration, We will not pay for initiation or set up costs • when the covered "auto"is returned to us or we associated with loans or leases pay for its"loss". In this endorsement, a new vehicle means M. EXTRA EXPENSE—STOLEN AUTOS an "auto"of which you are the original owner The following paragraph is added to Section that has not been previously titled and which A.4. of the— PHYSICAL DAMAGE COVERAGE you purchased less than 365 days before SECTION: the date of the"loss". c. We will pay for up to$5,000 for the expense O. BLANKET WAIVER OF SUBROGATION of returning a stolen covered "auto" to you. The following is added to paragraph 5. Transfer We will pay only for those covered "autos" Of Rights Of Recovery Against Others To Us of for which you carry Comprehensive or Spe- — BUSINESS AUTO and MOTOR CARRIER cified Causes of Loss Coverage CONDITIONS SECTIONS: N. NEW VEHICLE REPLACEMENT COST We waive any right of recovery we may have The following is added to paragraph C.Limit of against any person or organization to the extent Insurance of the PHYSICAL DAMAGE required of you by a written contract executed COVERAGE SECTION: prior to any "accident"because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. • AC 01 01A 0310 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permission ACP BAPD30-0.6677568 LOOM 14153 INSURED COPY AC0101031000 0001 75 0033686 COMMERCIAL AUTO AC 01 02 0310 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM rental of a vehicle is an "insured"for Liability EQUIPMENT Coverage, but only to the extent that person 1. Under the COVERED AUTOS SECTION, or organization qualifies as an "insured" un- the following are added to Paragraph C. der the Who Is An Insured Provision con- tained in the LIABILITY COVERAGE Certain Trailers, Mobile Equipment and SECTION of the Coverage Form Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- D. REPLACED EXCLUSIONS vate passenger type "auto or a pickup, The Expected or Intended Injury Exclusion panel truck or van if not used for busi- in the LIABILITY COVERAGE SECTION is ness purposes, other than farming or replaced by the following: ranching. Expected or Intended Injury 5. Farm wagons or farm implements while "Bodily injury"or"property damage"which is • being towed by a covered"auto". expected or intended by the "insured". This B. CHANGES FOR ADDITIONAL NEWLY exclusion applies even if the resulting "bodi- ACQUIRED VEHICLES ly injury"or"property damage": 2. Paragraph B.2 of the COVERED AUTOS a. is of a different kind,quality or degree SECTION is replaced by the following: than initially expected or intended;or 2. If Symbol(s) 7 or 67 is entered next to b. is sustained by a different person,entity, coverage in Item Two of the Declara- real property, or personal property than tions, an "auto" you acquire will be a that initially expected or intended. covered"auto"for that coverage only if: E. ADDITIONAL EXCLUSIONS a. We already cover at least one"auto" The following exclusions are added to the you own for that coverage or it rep- LIABILITY COVERAGE SECTION: laces an "auto" you previously Damage to Named Insured's Property owned that had that coverage;and b. You tell us within 30 days after you Any claim or"suit"for"property damage"by acquire it that you want us to cover you or on your behalf against any other per- it for that coverage. son or entity that is also a Named Insured under this policy. The most we will pay for Physical Damage Abuse or Molestation Coverage for "loss"under this Coverage Ex- tension is $100,000 per "auto", subject to "Bodily injury" or "property damage" arising the largest deductible applicable to any "au- out of: to"for that Coverage. a. The actual or threatened abuse or C. BLANKET ADDITIONAL INSURED molestation by anyone or any person Any person or organization which you have while in the care, custody or control of agreed to name as an additional insured in a any"insured",or written contract, executed prior to an acci- b. The negligent: • dent, other than a contract for the lease or 1) Employment; AC 01 02 0310 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 4 with its permission. ACP BAPD30-06677568 LOOM 14153 INSURED COPY AC0102031000 0001 75 0033699 AC 01 02 03 10 2) Investigation; This insurance does not apply to: • 3) Supervision; a. "Loss" to the covered "auto's" contents, 4) Reporting to the proper authorities, except equipment usual to trucks or pri- or failure to so report;or vate passenger"autos". 5) Retention; b. "Loss" to TV antennas, awnings or ca- of a person for whom any"insured"is or banas. ever was legally responsible and whose c. "Loss" to equipment designed to create conduct would be excluded by Para- added living facilities. graph a. above. However, these exclusions do not apply if Abuse means an act which is committed Miscellaneous Personal Property Coverage with the intent to cause harm. is provided by endorsement to this policy. Explosives G. ACCIDENTAL AIRBAG DISCHARGE "Bodily injury" or "property damage"caused COVERAGE by the explosion of explosives you make, Under Paragraph B.3.a. of the PHYSICAL sell or transport. DAMAGE SECTION,the following is added: Rolling Stores Mechanical breakdown does not include the ac- If a covered"auto" is a rolling store, "bodily cidental discharge of an airbag. injury" or "property damage" resulting from H. PHYSICAL DAMAGE LIMIT OF INSURANCE the handling, use or concition of any item Under PHYSICAL DAMAGE COVERAGE the "insured" makes, sells or distributes if SECTION, Paragraph C., Limit of Insurance is the injury or damage occurs after the "in- replaced by the following: sured"has given up possession of the item. C. Limit Of Insurance Wrong Delivery of Liquid Products 1. The most we will pay for "loss" in any "Bodily injury" or "property damage" result- one"accident"is the lesser of: ing from the delivery of any liquid into the a. The actual cash value of the damaged • wrong receptacle or to the wrong address, or stolen property as of the time of the or from the delivery of one liquid for another, "loss",or if the "bodily injury" or "property damage" b. The cost of repairing or replacing the occurs after the delivery has been corn- damaged or stolen property. pleted. Delivery is considered completed even if fur- 2. $1,000 is the most we will pay for "loss" in ther service or maintenance work,or correc- any one "accident" to all electronic equip- tion, repair or replacement is required be- ment that reproduces, receives or transmits cause of wrong delivery. audio, visual or data signals which, at the time of"loss",is: Professional Services a. Permanently installed in or upon the "Bodily injury": covered "auto" in a housing, opening or a. Resulting from the providing or the fail- other location that is not normally used ure to provide any medical or other pro- by the"auto"manufacturer for the instal- fessional services. lation of such equipment. b. Resulting from food or drink furnished b. Removable from a permanently installed with these services. housing unit as described in Paragraph "Bodily injury" or "property damage" result- 2.a. above or is an integral part of that ing from the handling of corpses. equipment;or F. MOTOR HOME CONTENTS COVERAGE c. An integral part of such equipment. 1. For a covered "auto" that is a motor home 3. An adjustment for depreciation and physical the following exclusions are added to the condition will be made in determining actual PHYSICAL DAMAGE COVERAGE cash value in the event of a total loss". SECTION: Motor Home Contents • Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 0310 with its permission. ACP BAPD30-0-6677568 LBOM 14153 INSURED COPY AC0102031000 0001 75 0033700 AC 01 02 03 10 • 4. The cost of repairing or replacing may: 4. A member, if you are a limited liability com- a. Be based on an estimate which includes pang. parts furnished by the original equip- K. UNINTENTIONAL FAILURE TO DISCLOSE ment manufacturer or other sources in- HAZARDS cluding non-original equipment manu- The BUSINESS AUTO CONDITIONS SECTION facturers and and MOTOR CARRIER CONDITIONS b. Include a deduction for betterment for a SECTION—B.2. are amended by the addition of part or parts that are normally subject to the following: repair or replacement during the useful If you unintentionally fail to disclose any hazards life of the"auto",such as, but not limited existing at the inception date of your policy, we to tires and batteries. will not deny coverage under this Coverage Betterment means the difference be- Form because of such failure. However, this tween the actual cash value of a part provision does not affect our right to collect addi- immediately before the "loss" and the tional premium or exercise our right of cancella- cost to replace that part with a new part. tion or nonrenewal. L 5. If we offer to pay the actual cash value of AUTOS HIRED OR RENTED BY the damaged or stolen property,we will val- EMPLOYEES ue auto advertising wraps, paint customiza- If hired or rented "autos"are covered"autos"on tion, and similar business related advertising this policy,the following provisions apply: modifications, in adcition to the actual cash A. Changes In Liability Coverage value of the property. Auto advertising The following is added to the Who Is An In- wraps, paint customization, and similar sured Provision in the LIABILITY business related advertising modifications COVERAGE SECTION: will be valued at the cost to replace them with an adjustment made for depreciation An "employee" of yours is an "insured"while • and physical condition. operating an "auto" hired or rented under a I. GLASS REPAIR—WAIVER OF DEDUCTIBLE contract or agreement in that "employee's" Under Paragraph D. Deductible of the name,with your permission,while performing PHYSICAL DAMAGE COVERAGE SECTION, duties related to the conduct of your busi- the following is added: Hess. No deductible applies to glass damage if the B. Changes In General Conditions glass is repaired rather than replaced. Paragraph 5.b. of the Other Insurance J. AMENDED DUTIES IN EVENT OF ACCIDENT Condition in the Business Auto Coverage CLAIM,SUIT,OR LOSS Form and Paragraph 5.f.of the Other Insur- The requirement in Loss Condition 2.a. Duties In ance Condition in the Motor Carrier Cover- The Event Of Accident, Claim, Suit Or Loss—of age Form are replaced by the following: the BUSINESS AUTO CONDITIONS SECTION For Hired Auto Physical Damage Coverage, the following are deemed to be covered"au- and the MOTOR CARRIER CONDITIONS SECTION that you must notify us of an "acci- tos"you own: dent", "claim", "suit", or "loss" applies only when 1. Any covered "auto" you lease, hire, rent the "accident", "claim", "suit", or "loss" is known or borrow;and to : 2. Any covered "auto" hired or rented by 1. You,if you are an individual your "employee" under a contract in that 2. A partner,if you are a partnership; individual "employee's" name, with your 3. An executive officer or the employee desig- permission, while performing duties re- lated by you to give such notice if you are a to the conduct of your business. corporation;or However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered"auto". • AC 01 02 0310 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. ACP BAPD30.O.6677566 LBOIA 14153 INSURED COPY AC0102031000 0001 75 0033701 AC 01 02 03 10 M. EMERGENCY LOCKOUT — PRIVATE 3. Original copies of receipts for services of a • PASSENGER VEHICLES locksmith must be provided before reim- We will reimburse you up to $50 for reasonable burse ment is payable. expense incurred for the services of a locksmith N. UBERAUZATION to gain entry into your covered "auto" of the pri- Paragraph 3, of the General Conditions is re- vate passenger type subject to these provisions: placed by the following: 1. Your door key or key entry pad has been If we adopt any revision that would broaden the lost, stolen or locked in your covered "auto" coverage under this policy without additional and you are unable to enter such"auto" ,or 2. Your key or key entry pad has been lost or premium within 60 days prior to or during the stolen and you have changed the lock to policy period,the broadened coverage will im- prevent an unauthorized entry;and mediately apply to this policy. • All terms and conditions of this policy apply unless modified by this endorsement. • Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 0310 with its permission. ACP BAPD30-0.6677568 L8011 14153 INSURED COPY AC0102031000 0001 75 0033702 COMMERCIAL GENERAL LIABILITY CG 72 46 09 08 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL CONTRACTORS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended c. Any continuation, progression, change to include as an insured any person or or resumption of "bodily injury", organization whom you are required to add as "property damage", or "personal and an additional insured on this policy under a advertising injury" will be deemed to be written contract or written agreement. The one occurrence; written contract or written agreement must be: d. Our limit of liability will not exceed the 1. Valid and legally enforceable; Limits of Insurance for one annual policy 2. Currently in effect or becoming effective period. during the term of this policy;and 4. The coverage provided to the additional 3. Executed prior to an "occurrence" resulting insured by this endorsement and paragraph in "bodily injury", "property damage," or f.of the definition of"insured contract"under "personal and advertising injury." DEFINITIONS (SECTION V) do not apply to • B. The insurance provided to the additional insured "bodily injury" or "property damage" arising is further limited as follows: out of the "products-completed operations 1. That person or organization is an additional hazard" unless required by the written contract or written agreement. When insured solely for liability due to your coverage does apply to "bodily injury" or negligence specifically resulting from "your "property damage" arising out of the work" for the additional insured which is the "products-completed operations hazard" subject of the written contract or written such coverage will not apply beyond the agreement. No coverage applies for any lesser of: liability due to negligence attributable to any person or entity other than the Named a. The period of time required by the Insured. written contract or written agreement; or 2. The Limits of Insurance applicable to the b. Five years from the completion of"your additional insured are those specified in the work"on the project which is the subject written contract or written agreement or in of the written contract or written the Declarations of this policy, whichever is agreement. less. These Limits of Insurance are 5. The insurance provided to the additional inclusive of, and not in addition, to the Limits insured does not apply to: of Insurance shown in the Declarations. "Bodily injury", "property damage", or 3. If we insured the Named Insured for more "personal and advertising injury" arising out than one annual policy period: of the rendering of, or failure to render, any a. Only the policy in effect at the time the professional architectural, engineering or "bodily injury"," property damage", or surveying services, including: "personal and advertising injury" first a. The preparing, approving, or failure to occurs will apply; prepare or approve maps, shop b. "Bodily injury", "property damage", or drawings, opinions, reports, surveys, • "personal and advertising injury", first field orders, change orders or drawings occurs when it is initially discovered by and specifications; and Y y any person; CG 72 46 09 08 Includes copyrighted material of Insurance Services Office Inc.,with its permission. Page 1 of 2 ACP OLAO3006677568 LOOM 14154 INSURED COPY 75 0033620 CG 72 46 09 08 b. Supervisory, inspection, architectural or (1) Give written notice of an occurrence • engineering activities. or an offense to us which may result c. Defects in design or specifications in a claim or "suit" under this furnished by the additional insured or its' insurance; "employees". (2) Agree to trigger or activate any 6. We have no duty to defend or indemnify an other insurance which the additional additional insured under this endorsement: insured has for a loss we cover a. For any liability due to negligence under this Coverage Part by attributable to any person or entity other tendering the defense to the than the Named Insured. This provision insurers of all such other insurance; includes any sole negligence or willful 2. With respect to the coverage provided under misconduct on the part of the additional this endorsement, the following is added to insured or its'"employees". Paragraph 4.b.(1) of the Other Insurance b. For any loss which occurs prior to our Condition: Named Insured commencing operations (c) This insurance is also excess over any at the location of the loss. other insurance naming the additional c. Until we receive written notice of a claim insured as an insured whether primary, or "suit" from the additional insured as excess, contingent or on any other required in the Duties In The Event of basis, unless the written contract or Occurrence, Offense, Claim or Suit written agreement described in A.above Condition_ specifically requires that this insurance be provided on either a primary basis or C. With respect to the coverage provided under this a primary and noncontributory basis. endorsement, the COMMERCIAL GENERAL LIABILITY CONDITIONS (SECTION IV) are amended as follows: 1. The following is added to the Duties In The • Event of Occurrence, Offense, Claim or Suit Condition: An additional insured under this endorsement will as soon as practicable: All terms and conditions of this policy apply unless modified by this endorsement. • Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc.,with its permission. CG 72 46 09 08 ACP GLA03006677568 LBOM 14154 INSURED COPY 75 0033521 COMMERCIAL GENERAL LIABILITY CG 73 23 11 11 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LOST KEY COVERAGE "Loss"means unintentional damage or SECTION I — COVERAGES, COVERAGE A destruction but does not include disappearance, BODILY INJURY AND PROPERTY DAMAGE theft,or loss of use. LIABILITY, coverage is extended to include the NON-OWNED WATERCRAFT following: SECTION I — COVERAGES, COVERAGE A If a customers master or grand key, excluding BODILY INJURY AND PROPERTY DAMAGE electronic key card, is lost while in your care, LIABILITY,2. Exclusions is amended as follows: custody or control we will pay the cost of g. Aircraft, Auto Or Watercraft (2) (a) is replacing the keys, including the master lock and replaced with: all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the (a) Less than 51 feet long;and cost to replace the locks,whichever is less. EXPANDED PROPERTY DAMAGE COV- Limit of Insurance - The most we will pay for ERAGE "loss" arising out of any one "occurrence" is For the purposes of this endorsement only: • $5,000. SECTION I — COVERAGES, COVERAGE A SECTION V DEFINITIONS is amended as BODILY INJURY AND PROPERTY DAMAGE follows: LIABILITY,2. Exclusions is amended as follows: The following definition applies to Lost Key a. Exclusions j.(3),j.(5),and j.(6) are Coverage: deleted in their entirety. "Loss" means unintentional physical damage or b. Exclusion j.(4) is deleted in its entirety destruction to tangible property, including theft or and replaced by the following: disappearance. Tangible property does not Personal property in the care custody or include money or securities. control of the insured: VOLUNTARY PROPERTY DAMAGE 1. for storage or sale at premises you SECTION I — COVERAGES, COVERAGE A own, rent or occupy;or BODILY INJURY AND PROPERTY DAMAGE 2. while being transported by any LIABILITY, coverage is extended to include the aircraft, "auto" or watercraft owned following: or operated by or rented to or loaned At your request,we will pay for`property damage"to to any insured. property of others caused by you and while in your c. The following exclusions are added: possession, arising out of your business operations and occurring during the policy period. 1. The coverage provided by this endorsement does not apply to Limit of Insurance-The most we will pay for "property damage" arising out of the "loss"arising out of any one "occurrence"is disappearance or loss of use of $500. personal property. SECTION V—DEFINITIONS is amended as 2. The coverage provided by this follows: endorsement does not apply to The following definition applies to Voluntary "property damage" included in the • Property Damage coverage: "products-completed operations hazard". CG 73 2311 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 6 with its permission. ACP GLA03006677568 LBOM 14154 INSURED COPY 75 0033522 CG 73 2311 11 Limit of Insurance - The most we will pay b. Up to $2,500 for cost of bail bonds for "property damage' provided by this required because of accidents or traffic • coverage in any one"occurrence"is$5,000. law violations arising out of the use of Deductible - Our obligation to pay for a any vehicle to which the Bodily Injury covered loss applies only to the amount of Liability Coverage applies. We do not loss in excess of$250. have to furnish these bonds. This insurance is excess over any other valid 2. 1.d.replaced with: and collectible insurance. d. All reasonable expenses incurred by the DAMAGE TO PREMISES RENTED TO YOU insured at our request to assist us in the SECTION I — COVERAGES, COVERAGE A investigation or defense of the claim or BODILY INJURY AND PROPERTY DAMAGE "suit", including actual loss of earnings LIABILITY, the last paragraph of 2. Exclusions up to $500 a day because of time off of is replaced by the following: from work. If Damage to Premises Rented to You is NEWLY FORMED AND ACQUIRED not otherwise excluded, exclusions c. ORGANIZATIONS through n. do not apply to damage by fire, SECTION II — WHO IS AN INSURED is lightning, explosion, smoke or sprinkler amended as follows: leakage to premises while rented to you or 1. 3.a. is replaced with: temporarily occupied by you with permission a. Coverage under this provision is of the owner. A separate limit of insurance afforded only until the 180th day after you applies to this coverage as described in acquire or form the organization or the Section III-Limits of Insurance. end of the lic SECTION III — LIMITS OF INSURANCE, earlier; y period, whichever is paragraph 6 is replaced with: ADDITIONAL INSURED - WHEN REQUIRED 6. Subject to 5. above, the Damage To IN AN AGREEMENT OR CONTRACT WITH Premises Rented To You Limit is the most YOU PRIMARY AND NON-CONTRIBUTORY • we will pay under Coverage A for damages The following is added to SECTION II—WHO IS because of "property damage" to any one AN INSURED premises,while rented to you,or in the case 4. Any person(s) or organization(s) with whom of damage by fire, lightning, explosion, you have agreed in a valid written contract or smoke or sprinkler leakage, while rented to you or temporarily occupied by you with written agreement that such person or permission of the owner. The limit is organization be 'added as an additional insured on your policy during the policy increased to$300,000. period shown in the Declarations. Such SECTION IV — COMMERCIAL GENERAL person or organization is an additional LIABILITY CONDITIONS, 4. Other Insurance, insured only with respect to liability for b. Excess Insurance (1) (a) (II) is replaced "bodily injury", "property damage" or with: "personal and advertising injury". (ii) That is Fire, Lightning, Explosion, The person or organization added as an Smoke or Sprinkler leakage insurance insured by this endorsement is an insured for premises rented to you or temporarily only to the extent you are held liable due to: occupied by you with permission of the a. Lessors of Leased Equipment owner. Maintenance, operation or use of SUPPLEMENTARY PAYMENTS equipment leased to you by such person SECTION I — COVERAGES, SUPPLEMEN- or organization. This insurance does not TARY PAYMENTS — COVERAGES A AND B is apply to any "occurrence" which takes amended as follows: place after the equipment lease expires. 1. 1. b. replaced with: However, their status as additional insured under this policy ends when their lease, contract or agreement with you for such leased equipment expires. • Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG 73 2311 11 with its permission. ACP GLA03006677568 L8DM 14154 INSURED COPY 75 0033523 CG 73 23 11 11 (1) That this insurance be primary. If other insurance is also primary, we (2) When this insurance is excess,we • will share with all that other will have no duty under Coverages A insurance as described in c. below; or B to defend the additional insured or against any"suit"if any other insurer (2) The coverage afforded by this has:a duty to defend the additional insurance is primary and non- insured against that"suit". If no contributory with the additional other insurer defends, we will insured's own insurance. undertake to do so, but we will be Paragraphs (1) and (2)do not apply entitled to the additional insured's to other insurance to which the rights against all those other additional insured has been added insurers. as an additional insured or to other (3) When this insurance is excess over insurance described in paragraph b. other insurance, we will pay only our below. share of the amount of the loss,if b. Excess Insurance any, that exceeds the sum of: This insurance is excess over: (a) The total amount that all such other insurance would pay for (1) Any of the other insurance, whether the loss in the absence of this primary, excess, contingent or on insurance;and any other basis: (b) The total of all deductible and (a) That is Fire, Extended self-insured amounts under all Coverage, Builder's Risk, that other insurance. Installation Risk or similar (4) We will share the remaining loss, if coverage for"your work"; any, with any other insurance that is (b) That is fire, lightning, or not described in this Excess explosion insurance for Insurance provision and was not premises rented to you or bought specifically to apply in • temporarily occupied by you with excess of the Limits of Insurance permission of the owner; shown in the Declarations of this (c) That is insurance purchased by Coverage Part. you to cover your liability as a c. Method Of Sharing tenant for "property damage" to If all of the other insurance available to premises rented to you or the additional insured permits temporarily occupied by you with permission of the owner;or contribution by equal shares,we will follow this method also. Under this (d) If the loss arises out of the approach each insurer contributes equal maintenance or use of aircraft, amounts until it has paid its applicable "autos" or watercraft to the limit of insurance or none of the loss extent not subject to Exclusion remains,whichever comes first. g. of Section I — Coverage A — If any of the other insurance available to Bodily Injury And Property the additional insured does not permit Damage Liability. contribution by equal shares,we will (e) That is any other insurance contribute by limits. Under this method, available to an additional each insurers share is based on the insured under this endorsement ratio of its applicable limit of insurance to covering liability arising out of the total applicable limits of insurance of the premises or operations, or all insurers. products completed operations, for which the additional insured has been added as an additional insured by that other insurance. • Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG 732311 11 with its permission. ACP GLA03006677568 LBOM 14154 INSURED COPY 75 0033525 CG 73 23 11 11 EMPLOYEE BODILY INJURY TO ANOTHER MEDICAL PAYMENTS • EMPLOYEE SECTION III — LIMITS OF INSURANCE, SECTION II — WHO IS AN INSURED The Paragraph 7. is replaced: following Paragraph is added to 2.a.(1) 7. Subject to 5.above,the higher of: Paragraphs 2.a.(1)(a), (b) and (c) do not a. $10,000;or apply to "bodily injury"to a co-"employee" in the course of the co "employee's" b. The amount shown in the Declarations for Medical Expense Limit is the most employment by you, or to "bodily injury" to a we will pay under Coverage C for all co-"volunteer worker" while performing medical expenses because of "bodily related to the conduct of your p y business. injury"sustained by one person. BROAD FORM NAMED INSURED This coverage does not apply if Coverage C — SECTION II — WHO IS AN INSURED The Medical Payments is excluded either by the provisions of any coverage forms attached to the following Paragraph is added to 2. policy or by endorsement. e. Any business entity incorporated or KNOWLEDGE OF AN OCCURRENCE organized under the laws of the United State SECTION IV — COMMERCIAL GENERAL of America (including any State thereof), its territories or possessions or Canada LIABILITY CONDITIONS, The following is added (including any Province thereof) in which the to 2. Duties In The Event Of Occurrence, Named Insured shown in the Declarations Offense,Claim Or Suit condition: owns, during the policy period, an interest of e. Knowledge of an occurrence, offense, claim more than fifty percent. If other valid or suit by an agent or employee of any collectible insurance is available to any insured shall not in itself constitute business entity covered by this solely by knowledge of the insured unless you, a reason of ownership by the Named Insured partner, if you are a partnership; or an shown in the Declarations in excess of fifty executive officer or insurance manager, if • percent, this insurance is excess over the you are a corporation receives such notice of other insurance, whether primary, excess, an occurrence, offense, claim or suit from contingent,or on any other basis. the agent or employee. AGGREGATE LIMIT PER LOCATION f. The requirements in Section IV - SECTION III — LIMITS OF INSURANCE The Conditions Paragraph 2.b. will not be following paragraph is added to paragraph 2: considered breached unless there is The General Aggregate Limit under Section knowledge of occurrence as outlined in Ill Limits of Insurance applies separately to paragraph e.above. each of your locations owned by or rented to UNINTENTIONAL FAILURE TO DISCLOSE you or temporarily occupied by you with the HAZARD permission of the owner. For the purposes of SECTION IV — COMMERCIAL GENERAL this provision, location means premises LIABILITY CONDITIONS, 6. Representations is involving the same or connecting lots, or amended to include: premises whose connection is interrupted d. Your failure to disclose all hazards or prior only by a public street, roadway,waterway or "occurrences" or offenses existing as of the railroad right-of-way. inception date of the AGGREGATE LIMIT PER PROJECT p policy prejudice the coverage afforded shall not prej rdd ed by this SECTION III — LIMITS OF INSURANCE The policy provided such failure to disclose all following paragraph is added to paragraph 2: hazards or prior"occurrences"or offenses is The General Aggregate Limit under Section not intentional. This provision does not III Limits of Insurance applies separately to affect our right to collect additional premium each of your construction projects away from or exercise our right of cancellation or non premises owned by or rented to you. renewal. • CG 73 23 11 11 Includes copyrighted material of Insurance Services Office,Inc., Page 5 of 6 with its permission. ACP 0LA03006677568 1.8014 14154 INSURED COPY 75 0033526