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HomeMy WebLinkAboutECAT15-008 G.H. Daniels, III & Associates AGREEMENT FOR SERVICES
BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION
AND
G.H. DANIELS, III&ASSOCIATES, INC.
THIS AGREEMENT("Agreement")is effective as of the day of Ao I ,2015 by and between G.H.
Daniels, III&Associates, Inc.a Colorado Corporation(hereinafter"Contractor')and Eagle County Air Terminal
Corporation,a Colorado non-profit corporation(hereinafter"ECAT").
RECITALS
WHEREAS,ECAT desires annual landscaping maintenance and on-call landscaping services(the"Project")at 217
Eldon Wilson Road (the"Property");and
WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and
experience necessary to provide the Services as defined below in paragraph 1 hereof;and
WHEREAS,this Agreement shall govern the relationship between Contractor and 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 prescribed and other on-call services or work described in Exhibit A
("Services"or"Work")which is attached hereto and incorporated herein by reference.The Services shall be
performed in accordance with the provisions and conditions of this Agreement.
a. Contractor agrees to furnish the Services in accordance with the schedule established in Exhibit
A. If no completion date is specified in Exhibit A,then Contractor agrees to furnish the Services in a timely and
expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it
has the expertise and personnel necessary to properly and timely perform the Services.
h. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit
A and the terms and conditions set forth in this Agreement.the terms and conditions set forth in this Agreement
shall prevail.
2. 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 30`h'day of April,2016.
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
0/11' 1Ob
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 A. The performance of the Services under this Agreement shall not exceed
$25,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of
normal business hours unless specifically authorized in writing by ECAT.
a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a
proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks
performed,who performed each task and such other detail as 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.
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.
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ECAT General Services Final 5'14
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 B.
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 ibr 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.
9. Ownership of Documents. All documents(including electronic tiles)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)
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ECAT General Services Final 5.14
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: ccair @;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:attyJeaglecounty.us
CONTRACTOR:
G.H.Daniels,III&Associates,Inc.
140 GH Daniels Boulevard
Telephone: 970-524-5010
Facsimile: 970-524-4006
E-mail: Toby@thelandscapecenter.com
I. 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 pertbrmed to the date of termination.
12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this
Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
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.
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ECAT General Services Final 5,14
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.
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.
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ECA'r General Services Final 5/14
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:
htto://www.dhs.gov/xprevprot/programs/ac 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:
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ECAT General Services Final 5114
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/
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ECM-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 and Throug e COUNTY ANAGER
By:
I Or
Brent Mc'.11,C,J.nty Manager
CONTRACTOR:
G.H.DANIELS,III& ASSOCIATES, INC.
By: 4a_t0 IV—
Print Name:
Title: 0/0/41701
8
ECAT General Serk ices Final 5I4
EXHIBIT A
SCOPE OF SERVICES, SCHEDULE,FEES
9
ECAT General Services Final 5 14
t.,-4 4 ' c- 3?..6
EAGLE COUNTY AIRPORT
2015 LANDSCAPE MAINTENANCE PROPOSAL.FORM
DESCRIPTION I UNIT I QUANTITY I UNIT COST I TOTAL COST
Turf Maintenance
Mowing and Trimming-Turf(weekly 5/11-10/16) LS 1 $200.00 $200.00
Aeration-Turf(spring and fall) EACH 2 $25.00 $50.00
Fertilization-Turf(spring and fall) EACH 2 $15.00 $30.00
Weed Control-Turf(spring and fall) EACH 2 $15.00 $30.00
Native Grass Area Maintenance
Mowing and Trimming-Native Grass(spring and fail) EACH 2 5240.00 $480.00
Weed Control-Native Grass LS 1 $200.00 $200.00
Shrub/Perennial/Gravel Beds Maintenance
Spring Clean-Up-Shrub/Perennial/Gravel Beds 4 IS 1 $1,800.00 $1,800.00
Garden Maintenance-Shrub/Perennial/Gravel Beds(bi-weekly Jun.-Sept) EACH 8 $200.00 $1,600.00
fertilization-Shrub/Perennial Beds EACH 1 5170.00 $170.00
Fall Clean-Up/Cutback-Shrub/Perennial/Gravel Beds LS 1 $600.00 $600.00
Tree Maintenance -
Pruning.Trees(spring) LS 1 $200.00 $200.00
Shredded Cedar Mulch-Tree/Shrub Rings(Approx.74 trees/26 shrubs) _ LS 1 $400.00 $400.00
Fertilization-Trees(more than 3 growing seasons since planting) EACH 16 $13.00 $208.00
Root Stimulant-Trees(tree less than 3 growing seasons since planting) EACH 75 $13.00 $975.00
Irrigation Maintenance
Irrigation Spring Start-Up LS 1 $560.00 $560.00
Irrigation Monthly Review(Jun.-Sept.) EACH 4 $150.00 $600.00
Irrigation Winterization L5 1 $400.00 $400.00
Annual Flower Containers '
Hanging Baskets EACH_ 8 $30.00 $240.00
Annual Flower Plantings at Hanging Baskets EACH 8 $100.00 $800.00
Annual Flower Plantings at Planter Pots EACH 2 $40.00 $80.00
Annual Flower planter pot and hanging basket maintenance-(bi-weekly Jun.-Sept.) EACH 8 $90.00 $720.00
TOTAL 2015 LANDSCAPE MAINTENANCE: $10,343.00
On-call services and product rates:
Foreman
$50.00 Per hour
Laborer
$42.00 Per hour
Materials mark-up 15.00% Mark-up
Subcontractor mark-up 15.00% Mark-up
Gravel Mulch per Ton TON 1 $135.00
Equipment-Contractor to assess need for equipment and provide pricing to the owner for approval prior to on-call work
SCOPE OF WORK—EAGLE COUNTY AIR TERMINAL CORPORATION
TERMINAL LANDSCAPE IMPROVEMENT MAINTENANCE
Provide landscape maintenance services as outlined below for schedules 1-14, and irrigation system, as
depicted in Exhibit A. Note—Some species listed in Exhibit may vary from actual existing plantings.
Quantities may have also slightly changed.
TURF MAINTENANCE:
A. Mowing and Trimming-Turf:
1. All turf areas to be mowed weekly during the growing season (May 11-Oct. 16, 2015/23
weeks)to a height of no shorter than 3 inches.Turf areas should be cut to the same height
and shall be cross cut when feasible.
2. Chemically edge and manually trim around trees monthly ensuring that turf grows no closer
than eighteen inches(18")to the tree trunk—a three foot diameter ring around each tree.
This bare area should be a uniform circle using the trunk as a center point.This area to be
mulched with the specified wood bark mulch.
3. Mow and Trim around trees(keeping mulch in saucers and beds),walls,fences,etc.,
4. Protect fences, buildings, and other structures from damage caused by mowers or trim lines.
5. Excessive grass clippings should be removed as necessary.
6. Trash shall be picked up with each mowing.
B. Aeration -Turf:
1. The Contractor shall aerate in spring and fall to improve water penetration. Contractor
shall use only a hollow core tine aerator that pulls a 3" plug.
2. Prior to aeration the Contractor shall tag all sprinkler heads and valve boxes to
prevent damage. Plugs shall be left on the turf to assist in breaking down thatch,
unless ECAT requests their removal. Plug removal will be at additional cost to ECAT.
C. Fertilization-Turf:
1. All turf areas shall be fertilized in spring and fall using a granular organic fertilizer that
includes iron with N-P-K ratio (14-2-2)at a rate of 10 lbs. per 1,000 square feet.
2. Fertilizer shall immediately be removed from concrete walks,curbs, rock mulch, and
streets to prevent staining and runoff into waterways.
3. Fertilizer should be watered in thoroughly after application.
D. Weed Control-Turf:
1. All turf areas to receive a spring and fall weed spray application of pre-emergent and
post-emergent broadleaf herbicide formulated to control broadleaf weeds such as
dandelion,thistle, clover, etc. Timing of weed spray to be coordinated with ECAT.
NATIVE GRASS AREA MAINTENANCE:
A. Mowing and Trimming—Native Grass:
1. All low grow mix areas should be mowed twice during the growing season, at ECAT's
request, to a height of 4"-5"to maintain consistent height and green growth, as well as to
allow for the proper functioning of the 6" pop up spray irrigation heads. Mowing should
occur in early to mid-June to allow for the grass to quickly recover from the mowing and in
late Aug. to allow for the grass to recover from the mowing by winter.
2. All tall native mix areas should be mowed twice during the growing season, at ECAT's
request to a height of 4"-5"to maintain consistent height and green growth, as well as to
allow for the proper functioning of the 6" pop up spray irrigation heads. Mowing should
occur in early to mid-June to allow for the grass to quickly recover from the mowing and in
late Aug. to allow for the grass to recover from the mowing by winter.
3. Chemically edge and manually trim around trees monthly ensuring that the grass grows no
closer than eighteen inches(18")to the tree trunk—a three foot diameter ring around each
tree.This bare area should be a uniform circle using the trunk as a center point.This area
should be mulched with the specified wood bark mulch.
4. Mow and Trim around trees(keeping mulch in saucers and beds), walls,fences, etc.,
5. Protect fences, buildings, and other structures from damage caused by mowers or trim lines.
6. Excessive grass clippings should be removed as necessary.
7. Trash shall be picked up with each mowing.
B. Weed Control—Native Grass:
1. All low grow mix areas to receive a spring weed spray application of pre-emergent and
post-emergent broadleaf herbicide formulated to control broadleaf weeds such as
dandelion,thistle, clover, etc. After spring application, control broadleaf weeds by spot
spraying or by mechanical methods
2. All tall native mix areas to receive a spring weed spray application of pre-emergent and
post-emergent broadleaf herbicide formulated to control broadleaf weeds such as
dandelion, thistle, clover, etc. After spring application, control broadleaf weeds by spot
spraying or by mechanical methods.
SHRUB/PERENNIAL/GRAVEL BED MAINTENANCE:
A. Spring Clean-Up—Shrub/Perennial/Gravel Beds:
1. Remove all leaves, debris, weeds, and contaminants in shrub, perennial, and gravel beds in
spring after snow has melted.
2. Cut back ornamental grasses to 1/4 of their mature height in the spring. Remove and dispose of
cuttings.
3. Clean and grade all decorative gravel mulch in shrub, perennial and gravel beds to a
smooth surface at a level of%"—3/4" below the back of curb or walk.
4. Install additional %" Colorado Buff gravel mulch, as supplied by The Rock Shop, 800 S. 15th
St., Grand Junction, CO 81501, as necessary to replenish mulch to%"—%" below the back of
curb or walk upon request of ECAT. Provide pricing for installation of gravel mulch to ECAT
for approval prior to installation.
B. Garden Maintenance—Shrub/Perennial/Gravel Beds (bi-weekly June through September):
1. Remove all weeds and debris in shrub and perennial beds on a bi-weekly basis throughout the
growing season using a combination of mechanical and chemical methods without harming or
reducing the vitality of the plantings.
2. Prune shrubs, flowers, and groundcovers to maintain a clean and natural appearance.
3. Dead head all dying flowers on herbaceous perennials and ground covers throughout the
growing season to encourage re-blooming.
4. Prune all dead, diseased, and dying branches.
5. Prune long uncharacteristic branches that detract from the plant's overall form. Prune
branches adjacent to bare spots to encourage full shrub growth.
6. Prune flowering shrubs within two weeks after flowering has ended to prevent pruning of
future flower buds.
7. Prune groundcovers to maintain a natural appearance and prevent groundcovers from
climbing shrubs.
8. Cut back taller growing herbaceous perennials when they become rangy in appearance.
9. Prune shrubs too close to buildings, streets, walkways, fences, power lines, or limiting
visibility to reduce the obstructing branches.
10. Prune shrubs and perennials to remove storm damage or other mechanical injury. Prune
to shape or remove excess unwanted growth or winter die back.
11. Renewal pruning: overgrown shrubs usually are leggy, lacking foliage in the lower one-half
to two-thirds due to shading from the top or non-flowering. This pruning activity should be
accomplished during the dormant season pruning. Height reduction may be accomplished
at the same time. This activity is accomplished by removing the oldest and weakest canes
at or near ground line. All branches can be cut to the ground or one-third of the oldest
branches can be removed every year.
12. Thinning shrubs: the Contractor will remove the oldest canes each winter(canes over four
(4) seasons old). Insignificant small shoots will be removed to the base or to the crotch of
the plant.
13. Heading back: the contractor will head back isolated shoots which may cause the plants to
become out of balance. Prune to the base of the branch or the crotch.
14. Maintain all decorative gravel mulch in shrub, perennial and gravel beds in a clean manner
with a smooth surface at a level of 1/2"—%" below the back of curb or walk.
C. Fertilization—Shrub/Perennial Beds:
1. Fertilize all shrub and perennial beds with slow release organic fertilizer at the rate
specified by product manufacturer once in spring or summer. Hand broadcast fertilizer
at each plant root zone.
2. Fertilizer shall be immediately removed from concrete walks, curbs, rock mulch, and
streets to prevent staining and runoff into waterways.
3. Fertilizer should be watered in thoroughly after application
D. Fall Clean-Up/Cut Back—Shrub/Perennial/Gravel Beds:
1. Remove all leaves, debris, weeds, and contaminants in shrub, perennial, and gravel beds in fall
after the leaves/needles have fallen from the plants.
2. Cut back herbaceous perennials and groundcovers to 4" above the ground in October.
Remove and dispose of cuttings.
TREE MAINTENANCE:
A. Pruning-Trees:
1. Pruning should be accomplished in the early spring.Trees should be pruned for the
following reasons:
(a) Prune trees to remove branches too close to a building, street, driveway,walkway,
fence, power line or any tree limiting visibility.
(b) Prune trees to remove diseased or insect infested or weak branches.
(c) Prune trees to remove storm damage or other mechanical damage. Prune trees
to shape or remove excess unwanted growth or winter die back.
(d) Prune trees to select and develop permanent scaffold branches that are smaller in
diameter than the trunk and radial orientation so as not to overlay one another;to
eliminate narrow V-shaped branch forks that lack strength;to reduce toppling and
wind damage by thinning out crowns;to maintain growth within space limitations;
to maintain a natural appearance;to balance crown with roots. Under no
circumstances will stripping of lower branches("raising up") of young trees be
permitted. Lower branches shall be retained in a "tipped back"or pinched condition
with as much foliage as possible to promote caliper trunk growth (tapered trunk).
Lower branches can be cut flush with the trunk only after the tree is able to stand
erect without staking or other support.
(e) The primary pruning of deciduous trees shall be done during the dormant season.
Damaged trees or those that constitute health or safety hazards shall be pruned at
any time of the year as required.
(f) Coniferous trees shall be thinned out and shaped when necessary to prevent wind
and storm damage.
B. Shredded Cedar Mulch—Tree Rings:
1. Shredded Western Cedar mulch to be applied at all tree and shrub rings in turf and
native areas in spring and to be maintained at a minimum 3"thick.
C. Fertilization—Trees (Work to be conducted in 2016 and beyond):
1. Fertilize trees more than 3 growing seasons since planting with 18-7-10 slow release
fertilizer by deep root injection method in the area of the trees drip line.
D. Root Stimulant—Trees (Work to be conducted in 2015):
1. Fertilize trees less than 3 growing seasons since planting with a root stimulator and
mycorrhizae application at the perimeter of the root ball.
E. Insecticide application-Trees:
1. Insecticide application to occur at the recommendation of a certified arborist as pathogens
become apparent or a significant threat, upon consultation and approval of ECAT. All
insecticide shall be applied by a licensed professional only. Upon deeming insecticide
application necessary,the Contractor shall submit pricing for application to ECAT for approval
prior to scheduling application.
IRRIGATION MAINTENANCE:
A. Irrigation Spring Start Up:
1. Commence start up procedures once the night time temperatures are consistently above
freezing.
2. Check all connections and assemblies at the controller, supply system, and point of
connection.
3. Turn on power to controller and water supply to irrigation system.
4. Activate and run all valves in the system from the controller. Check all valves for leaks.
Check all heads and nozzles for breaks, clean any clogged nozzles, and adjust nozzles as
necessary for proper functioning.
5. Check all controller settings and adjust settings accordingly for the required spring water use.
6. Provide itemized list of any necessary repairs, cost of repairs, and reasons repairs are needed
to ECAT for approval. Make necessary repairs upon approval by ECAT.
B. Irrigation Monthly Review:
1. Review irrigation system once per month beginning approximately one month after
initial start up.
2. Check irrigation supply and control system for any leaks or issues.
3. Activate and run all valves in the system from the controller. Check all valves for leaks.
Check all heads and nozzles for breaks, clean any clogged nozzles, and adjust nozzles as
necessary for proper functioning.
4. Adjust controller settings/watering percentages for seasonal climate variations.
5. Provide itemized list of any necessary repairs, cost of repairs, and reasons repairs are needed
to ECAT for approval. Make necessary repairs upon approval by ECAT.
C. Irrigation Winterization:
1. Winterize irrigation system by voiding the system of all water using compressed air.
Annual Flower Containers:
A. Hanging Baskets:
1. Provide 20" diameter black steel wire baskets with chains and hooks attached so the baskets
can hang down from the hooks mounted on the light poles located across the street from the
terminal, quantity(8). Hanging basket to be selected by ECAT after contract award.
B. Annual Flower Plantings at Hanging Baskets:
1. Provide annual flower plantings for seasonal interest, suited for the microclimate, planted in
the 20"diameter hanging baskets, quantity(8).
2. Deliver and install the hanging baskets with plantings in the spring once the nighttime
temperatures are certain to remain above freezing.
3. Remove the hanging baskets in the fall, dispose of the flower plantings, and deliver the
baskets to ECAT for the following season.
4. Bi-weekly June through September- Deadheading, watering, and maintenance to the
hanging baskets and plantings throughout the season to be done by Eagle County Airport
staff.
C. Annual Flower Plantings at Planter Pots:
1. Provide annual flower plantings in 24"square fiber inserts at the planter pots outside the main
entry to the terminal, quantity(2). Provide annual flower plantings for seasonal interest, suited
for the microclimate.
2. Deliver and install the planter pot inserts with plantings in the spring once the nighttime
temperatures are certain to remain above freezing.
3. Remove the planter pot inserts in the fall and dispose of the flower plantings.
4. Bi-weekly June through September-Deadheading, watering, and maintenance to the
planter pot plantings to be done by Eagle County Airport staff.
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EXHIBIT B
INSURANCE CERTIFICATE
•
10
ECAT General Services Final 5/14
Client#: 106353 GHDANIEL
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
4/16/2015
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
Joan Teeple
HUB International Ins Svcs Inc PHONE FAX
(A/C,No,Ext):720 207-2329 (A/C,No): 866 243-0727
2742 Crossroads Blvd ADDRESS: Joan.teeple @hubinternational.com
Grand Junction,CO 81506
INSURER(S)AFFORDING COVERAGE NAIL#
888 245-8011 INSURER A:EMC Property and Casualty Compa
INSURED INSURER B:Pinnacol Assurance Company 41190
GH Daniels III&Associates
INSURER C:
RE Landscape Services Inc et al
140 G H Daniels Blvd INSURER D
INSURER E:
Gypsum, CO 81637 CA Resident License#0757776
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER
(MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A GENERAL LIABILITY X X 5X0987216 04/01/2015 04/01/2016 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $100,000
CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 _
PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE _ $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_$2,000,000 _
POLICY X jE LOC $
A AUTOMOBILE LIABILITY X X 5X0987216 04/01/2015 04/01/2016 COMBINED SINGLE LIMIT
(Ea accident) $1,000,000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS ( )
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE
AUTOS (Per accident) _$
$
A X UMBRELLA LIAB X OCCUR 5X0987216 04/01/2015 04/01/2016 EACH OCCURRENCE $1,000,000 _
EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000
DED X RETENTION$10,000 $
B WORKERS COMPENSATION 4041937 04/01/2015 04/01/2016 X WC STATU- OTH-
AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER
ANY
OFFICERR/MEMBER EXCLUDED?ECUTIVE N/A E.L.EACH ACCIDENT $1,000,000
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required)
Eagle County Air Terminal Corporation is named as additional insured with respect to General Liability and
Automobile Liability.
CERTIFICATE HOLDER CANCELLATION
Eagle County Air Terminal SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Corporation ACCORDANCE WITH THE POLICY PROVISIONS.
500 Broadway, PO BOX 850
Eagle, CO 81631 AUTHORIZED REPRESENTATIVE
©1988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
#53458789/M3430442 KY01
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY ELITE EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and
extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement.
A. EXPECTED OR INTENDED INJURY The aggregate limit listed above is the most we will
Section I — Coverage A, Exclusion a. is amended pay for all damages because of "property damage"
as follows: to property in the care custody and control of or
property loaned to an insured during the policy
a. "Bodily injury" or "property damage" expected period.
or intended from the standpoint of an insured.
This exclusion does not apply to "bodily injury Any payment we make for damages because of
or "property damage" resulting from the use of "property damage" to property in the care, custody
reasonable force to protect persons or property. and control of or property loaned to an insured will
apply against the General Aggregate Limit shown in
B. NON-OWNED WATERCRAFT the declarations.
Section I — Coverage A, Exclusion g.(2) is b. Our obligation to pay damages on your behalf
amended as follows: applies only to the amount of damages in
(2) A watercraft you do not own that is: excess of the deductible amount listed above.
(a) Less than 60 feet long; and We may pay any part or all of the deductible
amount listed above. We may pay any part or
(b) Not being used to carry person(s) or all of the deductible amount to effect settlement
property for a charge; of any claim or "suit" and upon notification by
C. EXTENDED PROPERTY DAMAGE COVERAGE us, you will promptly reimburse us for that part
Section I—Coverage A, Exclusions j.(3) and (4) is of the deductible we paid.
amended to add the following: c. If two or more coverages apply under one
Paragraphs (3) and (4) of this exclusion do not "occurrence", only the highest per claim
apply to tools or equipment loaned to you, provided deductible applicable to these coverages will
they are not being used to perform operations at apply.
the time of loss. d. Insurance provided by this provision is excess
over any other insurance, whether primary,
SCHEDULE excess, contingent or any other basis. Since
Limits Of Insurance Deductible insurance provided by this endorsement is
excess, we will have no duty to defend any
$5,000 Each Occurrence $250 Per Claim claim or "suit" to which insurance provided by
$10,000 Annual Aggregate this endorsement applies if any other insurer
has a duty to defend such a claim or "suit". If
a. The each occurrence limit listed above is the no other insurer defends, we will undertake to
most we will pay for all damages because of do so, but we will be entitled to the insured's
"property damage" to property in the care, rights against all those other insurers.
custody and control of or property loaned to an D. PROPERTY DAMAGE—ELEVATORS
insured as the result of any one "occurrence",
regardless of the number of: Section I—Coverage A.2. Exclusions paragraphs
(1) insureds: j.(3), j.(4), j.(6) and k. do not apply to use of
elevators. This insurance afforded by this provision
(2) claims made or"suits" brought; is excess over any valid and collectible property
(3) persons or organizations making claims or insurance (including any deductible) available to
bringing"suits". the insured and Section IV—Commercial General
Liability Conditions paragraph 4. Other
Insurance is changed accordingly.
CG7578(11-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 6
E. FIRE, LIGHTNING OR EXPLOSION DAMAGE a. Currently in effect or becomes effective
Except where it is used in the term "hostile fire", the during the policy period; and
word fire includes fire, lightning or explosion b. Executed prior to an "occurrence" or
wherever it appears in the Coverage Form. offense to which this insurance would
Under Section I — Coverage A, the last paragraph apply.
(after the exclusions)is replaced with the following: However, the insurance afforded to such
Exclusions c. through n. do not apply to damage by additional insured:
fire, smoke or leakage from automatic fire a. Only applies to the extent permitted by law;
protection systems to premises while rented to you and
or temporarily occupied by you with permission of
the owner. A separate limit of insurance applies to b. Will not be broader than that which you are
this coverage as described in Section III — Limits required by the contract or agreement to
of Insurance. provide for such additional insured; and
F. MEDICAL PAYMENTS c. Applies only if the person or organization is
not specifically named as an additional
If Section I — Coverage C. Medical Payments insured under any other provision of, or
Coverage is not otherwise excluded from this endorsement added to, Section II — Who
Coverage Form: Is An Insured of this policy.
The requirement, in the Insuring Agreement of 2. As provided herein, the insurance coverage
Coverage C., that expenses must be incurred and provided to such additional insureds is limited
reported to us within one year of the accident date to:
is changed to three years.
G. SUPPLEMENTARY PAYMENTS a. Any Controlling Interest, but only with
respect to their liability arising out of their
Supplementary Payments — Coverages A and B financial control of you; or premises they
paragraphs 1.b. and 1.d. are replaced by the own, maintain, or control while you lease or
following: occupy these premises.
1.b.Up to $5,000 for cost of bail bonds required This insurance does not apply to structural
because of accidents or traffic law violations alterations, new construction and
arising out of the use of any vehicle to which demolition operations performed by or for
the Bodily Injury Liability Coverage applies. We that person or organization.
do not have to furnish these bonds. b. Any architect, engineer, or surveyor
1.d.All reasonable expenses incurred by the insured engaged by you but only with respect to
at our request to assist us in the investigation or liability for "bodily injury", "property
defense of the claim or "suit", including actual damage" or "personal and advertising
loss of earnings up to $500 a day because of injury" caused, in whole or in part, by your
time off from work. acts or omissions or the acts or omissions
H. SUBSIDIARIES AS INSUREDS of those acting on your behalf:
Section II—Who Is An Insured is amended to add (1) In connection with your premises; or
the following: (2) In the performance of your ongoing
1.f. Any legally incorporated subsidiary in which operations.
you own more than 50% of the voting stock on With respect to the insurance afforded to
the effective date of this policy. However, these additional insureds,the following
insured does not include any subsidiary that is additional exclusion applies:
an insured under any other general liability This insurance does not apply to "bodily or would have been an insured under „ „ PP Y Y
such a policy but for termination of that policy injury , property damage" or"personal and
or the exhaustion of that policy's limits of advertising injury" arising out of the
liability. rendering of or the failure to render any
professional services by or for you,
I. BLANKET ADDITIONAL INSUREDS — AS including:
REQUIRED BY CONTRACT
(1) The preparing, approving, or failing to
1. Section II—Who Is An Insured is amended to prepare or approve, maps, shop
include as an additional insured any person(s) drawings, opinions, reports, surveys,
or organization(s) subject to provisions in field orders, change orders or drawings
Paragraph 2. below, (hereinafter referred to as and specifications; or
additional insured) when you and such
(2)or organization(s) have agreed in a ( ) Supervisory,ry, inspection, architectural or
written contract or written agreement that such engineering activities.
person(s) or organization(s) be added as an This exclusion applies even if the claims
additional insured on your policy provided that against any insured allege negligence or
the written contract or agreement is: other wrongdoing in the supervision, hiring,
CG7578(11-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 6
employment, training or monitoring of (b) "Bodily injury" or "property damage"
others by that insured, if the "occurrence" included within the "products-
which caused the "bodily injury" or completed operations hazard".
"property damage", or the offense which e. Any vendor, but only with respect to "bodily
caused the "personal and advertising
„ injury" or "property damage" arising out of
injury", involved the rendering of or the "your products" which are distributed or sold
failure to render any professional services in the regular course of the vendor's
by or for you. business.
c. Any manager or lessor of a premises With respect to the insurance afforded to
leased to you, but only with respect to these vendors, the following additional
liability arising out of the ownership, exclusions apply:
maintenance or use of that part of a
premises leased to you, subject to the (1) The insurance afforded any vendor does
following additional exclusions: not apply to:
This insurance does not apply to: (a) "Bodily injury" or "property damage"
(1) Any "occurrence" which takes place for which any vendor is obligated to
after you cease to be a tenant in that pay damages by reason of the
assumption of liability in a contract or
premises. agreement. This exclusion does not
(2) Structural alterations, new construction apply to liability for damages that any
or demolition operations performed by vendor would have in the absence of
or on behalf of such additional insured. the contract or agreement;
d. Any state or governmental agency or (b) Any express warranty unauthorized
subdivision or political subdivision, subject to by you;
the following: (c) Any physical or chemical change in
(1) This insurance applies only with respect the product made intentionally by
to the following hazards for which any any vendor;
state or governmental agency or (d) Repackaging, except when
subdivision or political subdivision has unpacked solely for the purpose of
issued a permit or authorization in inspection, demonstration, testing,
connection with premises you own, rent or the substitution of parts under
or control and to which this insurance instructions from the manufacturer,
applies: and then repackaged in the original
(a) The existence, maintenance, repair, container;
construction, erection or removal of (e) Any failure to make such
advertising signs, awnings, inspections, adjustments, tests or
canopies, cellar entrances, coal servicing as any vendor has
holes, driveways, manholes, agreed to make or normally
marquees, hoist away openings, undertakes to make in the usual
sidewalk vaults, street banners or course of business, in connection
decorations and similar exposures; with the distribution or sale of the
or
products;
(b) The construction, erection or (f) Demonstration, installation,
removal of elevators;or servicing or repair operations,
(c) The ownership, maintenance or use except such operations performed
of any elevators covered by this at any vendor's premises in
insurance. connection with the sale of the
(2) This insurance applies only with respect product;
to operations performed by you or on (g) Products which, after distribution or
your behalf for which any state or sale by you, have been labeled or
governmental agency or subdivision or relabeled or used as a container,
political subdivision has issued a permit part or ingredient of any other thing
or authorization. or substance by or for any vendor;
This insurance does not apply to: or
(a) "Bodily injury", "property damage" or (h) "Bodily injury" or "property
"personal and advertising injury" damage" arising out of the sole
arising out of operations performed negligence of any vendor for its
for the federal government, state or own acts or omissions or those of
municipality;or its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
CG7578(11-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 6
(i) The exceptions contained in only with respect to liability for "bodily
Subparagraphs (d)or(f); or injury", "property damage" or "personal and
(ii) Such inspections, adjustments, advertising injury" caused, in whole or in
tests or servicing as any part, by:
vendor has agreed to make or (1) Your acts or omissions; or
normally undertakes to make in (2) The acts or omissions of those acting
the usual course of business, on your behalf;
in connection with the
distribution or sale of the in the performance of your ongoing
products. operations for the additional insured.
(2) This insurance does not apply to any A person's or organization's status as an
insured person or organization, from additional insured under this endorsement
whom you have acquired such ends when your operations for that
products, or any ingredient, part or additional insured are completed.
container, entering into, accompanying With respect to the insurance afforded to
or containing such products. these additional insureds,the following
f. Any Mortgagee, Assignee Or Receiver, but additional exclusions apply:
only with respect to their liability as This insurance does not apply to:
mortgagee, assignee, or receiver and
arising out of the ownership, maintenance, (1) "Bodily injury", "property damage" or
or use of the premises by you. "personal and advertising injury"arising
This insurance does not apply to structural out of the rendering of, or the failure to
alterations, new construction and render, any professional architectural,
demolition operations performed by or for engineering or surveying services,
that person or organization. including:
(a) The preparing, approving, or failing
g. Any Owners Or Other Interests From to prepare or approve, maps, shop
Whom Land Has Been Leased, but only drawings, opinions, reports,
with respect to liability arising out of the surveys, field orders, change
ownership, maintenance or use of that part orders or drawings and
of the land leased to you. specifications; or
With respect to the insurance afforded to (b) Supervisory, inspection,
these additional insureds,the following architectural or engineering
additional exclusions apply: activities.
(1) This insurance does not apply to: This exclusion applies even if the claims
(a) Any "occurrence" which takes against any insured allege negligence or
place after you cease to lease that other wrongdoing in the supervision, hiring,
land; employment, training or monitoring of
(b) Structural alterations, new others by that insured, if the "occurrence"
construction or demolition which caused the "bodily injury" or
operations performed by or on "property damage", or the offense which
behalf of such additional insured. caused the "personal and advertising
injury", involved the rendering of or the
h. Any person or organization from whom you failure to render any professional
lease equipment, but only with respect to architectural, engineering or surveying
liability for "bodily injury", "property services.
damage" or "personal and advertising (2) "Bodily injury" or "property damage"
injury" caused, in whole or in part by your occurring after:
maintenance, operation or use of
equipment leased to you by such person(s) (a) All work, including materials, parts
or organization(s). or equipment furnished in
A person's or organization's status as an connection with such work, on the
additional insured under this endorsement project (other than service,
ends when their contract or agreement with maintenance or repairs) to be
you for such leased equipment ends. performed by or on behalf of the
additional insured(s) at the location
With respect to the insurance afforded to
of the covered operations has been
these additional insureds, this insurance completed; or
does not apply to any "occurrence" which (b) That portion of "your work" out of
takes place after the equipment lease which the injury dams a arises
expires. 1 rY or 9
has been put to its intended use by
i. Any Owners, Lessees, or Contractors for any person or organization other
whom you are performing operations, but
CG7578(11-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 6
than another contractor or amount paid or available to the injured co-
subcontractor engaged in "employee" or "volunteer worker" under any
performing operations for a other valid and collectible insurance.
principal as a part of the same K. HEALTH CARE SERVICE PROFESSIONALS AS
project. INSUREDS -INCIDENTAL MALPRACTICE
j. Any Grantor of Licenses to you, but only Section II—Who is an Insured, paragraph 2.a. (1)
with respect to their liability as grantor of (d) is amended as follows:
licenses to you.
Their status as additional insured under This provision does not apply to Nurses,
this endorsement ends when: Emergency Medical Technicians, or Paramedics
who provide professional health care services on
1. The license granted to you by such your behalf.
person(s)or organization(s)expires; or However this exception does not apply if you are in
2. Your license is terminated or revoked the business or occupation of providing any such
by such person(s) or organization(s) professional services.
prior to expiration of the license as L. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
stipulated by the contract or
agreement. Section II —Who Is An Insured, paragraph 3.a. is
k. Any Grantor of Franchise, but only with replaced by the following:
respect to their liability as grantor of a 3.a. Coverage under this provision is afforded until
franchise to you. the end of the policy period.
I. Any Co-owner of Insured Premises, but This provision does not apply if newly formed or
only with respect to their liability as co- acquired organizations coverage is excluded either
owner of any insured premises. by the provisions of the Coverage Form or by
m. Any Concessionaires Trading Under Your endorsements.
Name, but only with respect to their liability M. DAMAGE TO PREMISES RENTED TO YOU
as a concessionaire trading under your Section III — Limits of Insurance, paragraph 6. is
name. replaced by the following:
3. Any insurance provided to any additional Subject to 5.a. above, the Damage To Premises
insured does not apply to "bodily injury', Rented To You Limit, or $500,000, whichever is
"property damage" or"personal and advertising higher, is the most we will pay under Coverage A
injury" arising out of the sole negligence or for damages because of "property damage" to any
willful misconduct of the additional insured or its one premises, while rented to you, or in the case of
agents, "employees" or any other damage by fire, smoke or leakage from automatic
representative of the additional insured. protection systems, while rented to you or
4. With respect to the insurance afforded to these temporarily occupied by you with permission of the
additional insureds, the following is added to owner.
Section III—Limits of Insurance: N. MEDICAL PAYMENTS—INCREASED LIMITS
If coverage provided to any additional insured Section III — Limits of Insurance, paragraph 7. is
is required by a contract or agreement, the replaced by the following:
most we will pay on behalf of the additional 7, Subject to paragraph 5. above, the Medical
insured is the amount of insurance: Expense Limit is the most we will pay under
a. Required by the contract or agreement; or Coverage C for all medical expenses because
b. Available under the applicable Limits of of "bodily injury" sustained by any one person,
Insurance shown in the Declarations; and will be the higher of:
whichever is less. (a) $10,000; or
This endorsement shall not increase the (b) The amount shown on the Declarations of
applicable Limits of Insurance shown in the this Coverage Part for Medical Expense
Declarations. Limit.
J. COVERAGE FOR INJURY TO CO-EMPLOYEES O. DUTIES IN THE EVENT OF OCCURRENCE,
AND/OR YOUR OTHER VOLUNTEER WORKERS OFFENSE, CLAIM OR SUIT
Section II—Who is an Insured, paragraph 2.a. (1) Section IV — Commercial General Liability
is amended to add the following: Conditions paragraph 2. is amended to add the
e. Paragraphs (a), (b), and (c) do not apply to following:
your "employees" or "volunteer workers" with e. The requirement in Condition 2.a.that you must
respect to "bodily injury"to a co-"employee" or see to it that we are notified as soon as
other"volunteer worker". practicable of an "occurrence" or an offense
Damages owed to an injured co-"employee"or which may result in a claim, applies only when
"volunteer worker" will be reduced by any the`occurrence"or offense is known to:
CG7578(11-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 6
(1) You, if you are an individual or a limited This provision does not apply to any known injury
liability company; or damage which is excluded under any other
(2) A partner, if you are a partnership; provision of this policy.
(3) A member or manager, if you are a limited R. WAIVER OF TRANSFER OF RIGHTS OF
liability company; RECOVERY AGAINST OTHERS TO US
(4) An "executive officer" or insurance Section IV — Commercial General Liability
manager, if you are a corporation; or Condition paragraph 8. Transfer Of Rights Of
(5) A trustee, if you are a trust. Recovery Against Others To Us is amended to
add the following:
f. The requirement in Condition 2.b. that you If required by a written contract executed prior to
must see to it that we receive notice of a claim p
or "suit" as soon as practicable will not be loss, we waive any right of recovery we may have
considered breached unless the breach occurs against the person or organization shown in the
after such claim or"suit"is known to: Schedule above because of payments we make for
injury or damage arising out of your ongoing
(1) You, if you are an individual or a limited operations or "your work" done under a contract
liability company; with that person or organization and included in the
(2) A partner, if you are a partnership; "products completed operations hazard".
(3) A member or manager, if you are a limited S. MENTAL ANGUISH
liability company; Section V—Definition 3.is replaced by the following:
(4) An "executive officer" or insurance "Bodily injury" means bodily injury, sickness or
manager, if you are a corporation; or disease sustained by a person, including mental
(5) A trustee, if you are a trust. anguish or death resulting from bodily injury,
P. PRIMARY AND NONCONTRIBUTORY — sickness or disease.
ADDITIONAL INSURED EXTENSION T. LIBERALIZATION
Section IV — Commercial General Liability If we revise this endorsement to provide greater
Conditions paragraph 4. Other Insurance is coverage without additional premium charge, we
amended to add the following: will automatically provide the additional coverage to
This insurance is primary to and will not seek all endorsement holders as of the day the revision
contribution from any other insurance available to is effective in your state.
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to the additional insured.
However, if the additional insured has been
added as an additional insured on other
policies, whether primary, excess, contingent or
on any other basis, this insurance is excess
over any other insurance regardless of the
written agreement between you and an
additional insured.
Q. UNINTENTIONAL FAILURE TO DISCLOSE
EXPOSURES
Section IV — Commercial General Liability
Conditions paragraph 6. Representations is
amended to add the following:
If you unintentionally fail to disclose any exposures
existing at the inception date of your policy,we will not
deny coverage under the Coverage Form solely
because of such failure to disclose. However, this
provision does not affect our light to collect additional
premium or exercise our right of cancellation or non-
renewal.
CG7578(11-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 6 of 6
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR
AGREEMENT INCLUDING COMPLETED OPERATIONS - PRIMARY AND
NONCONTRIBUTORY
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. Section II — Who Is An Insured is amended to surveys, field orders, change orders or drawings
include as an additional insured: and specifications; or
1. Any person or organization for whom you are b. Supervisory, inspection, architectural or
performing operations when you and such engineering activities.
person or organization have agreed in writing in This exclusion applies even if the claims against
a contract or agreement that such person or any insured allege negligence or other wrongdoing
organization be added as an additional insured in the supervision, hiring, employment, training or
on your policy; and monitoring of others by the insured, if the
2. Any other person or organization you are "occurrence" which caused the "bodily injury" or
required to add as an additional insured under "property damage", or the offense which caused the
the contract or agreement described in "personal and advertising injury",in j ry", involved the
Paragraph 1. above. rendering of, or the failure to render, any
Such person(s) or organization(s) is an additional professional architectural, engineering or surveying
insured only with respect to liability for "bodily services.
injury", "property damage" or "personal and C. With respect to the insurance afforded to these
advertising injury" caused, in whole or in part, by: additional insureds, the following is added to
a. Your acts or omissions; or Section III—Limits Of Insurance:
b. The acts or omissions of those acting on The most we will pay on behalf of the additional
your behalf; insured is the amount of insurance:
in the performance of: 1. Required by the contract or agreement
described in Paragraph A.1.; or
a. your ongoing operations for the additional
insured; or 2. Available under the applicable Limits of
Insurance shown in the Declarations;
b. "Your work" for the additional insured and
included in the "products — completed whichever is less.
operations hazard". This endorsement shall not increase the applicable
However, the insurance afforded to such additional Limits of Insurance shown in the Declarations.
insured described above: D. The following is added to the Other Insurance
a. Only applies to the extent permitted by law; Condition and supersedes any provision to the
and contrary:
b. Will not be broader than that which you are Primary and Noncontributory Insurance
required by the contract or agreement to This insurance is primary to and will not seek
provide for such additional insured. contribution from any other insurance available to
B. With respect to the insurance afforded to these an additional insured under your policy provided
additional insureds, the following additional that:
exclusion applies: (1) The additional insured is a Named Insured
This insurance does not apply to "bodily injury," under such other insurance; and
"property damage" and "personal and advertising (2) You have agreed in writing in a contract or
injury" arising out of the rendering of, or the failure agreement that this insurance would be primary
to render, any professional architectural, and would not seek contribution from any other
engineering or surveying services including: insurance available to the additional insured.
a. The preparing, approving, or failing to prepare E. All other terms and conditions of this policy remain
or approve maps, shop drawings, opinions, reports, unchanged.
CG7174.3(10-13) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT—AGGREGATE LIMITS OF INSURANCE (PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects
away from premises owned by or rented to you.
•
Includes copyrighted material of Insurance Services Office,Inc.with its permission.
Form CG7429(Ed. 11-98) Copyright,Insurance Services Office, Inc., 1984
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTO ELITE EXTENSION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of
coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
A. TEMPORARY SUBSTITUTE AUTO PHYSICAL Paragraph 5.b. of the Other Insurance
DAMAGE Condition in the Business Auto Coverage Form
Section I — Covered Autos Paragraph C. Certain is replaced by the following:
Trailers, Mobile Equipment, and Temporary For Hired Auto Physical Damage Coverage, the
Substitute Autos is amended by adding the following are deemed to be covered "autos"
following:
you own:
If Physical Damage Coverage is provided by this a. Any covered "auto" you lease, hire, rent or
coverage form for an "auto" you own, the Physical borrow; and
Damage Coverages provided for that owned
"auto" are extended to any "auto" you do not own b. Any covered "auto" hired or rented by your
while used with the permission of its owner as a "employee" under a contract in an
temporary substitute for the covered "auto" you "employee's" name, with your permission,
own that is out of service because of breakdown, while performing duties related to the
repair, servicing, "loss"or destruction. conduct of your business.
The coverage provided is the same as the However, any "auto" that is leased, hired, rented or
coverage provided for the vehicle being replaced. borrowed with a driver is not a covered "auto".
B. BLANKET ADDITIONAL INSURED E. NEWLY FORMED OR ACQUIRED
Section II — Liability Coverage, A.1. Who Is An ORGANIZATIONS
Insured is amended by adding the following: Section II — Liability Coverage, A.1. Who Is An
Any person or organization who is a party to a Insured is amended by adding the following:
written agreement or contract with you in which you Any organization which you acquire or form after
agree to provide the type of insurance afforded the effective date of this policy in which you
under this Business Auto Coverage Form. maintain ownership or majority interest. However:
This provision applies to claims for"bodily injury" or (1) Coverage under this provision is afforded only
"property damage" which occur after the execution up to 180 days after you acquire or form the
of any written agreement or contract. organization, or to the end of the policy period,
C. EMPLOYEES AS INSUREDS whichever is earlier.
The following is added to the Section II — Liability (2) Any organization you acquire or form will not be
Coverage, Paragraph Al.. Who Is An Insured considered an "insured" if:
Provision: (a) The organization is a partnership or a joint
Any"employee"of yours is an "insured" while using venture; or
a covered "auto" you don't own, hire or borrow in (b) That organization is covered under other
your business or your personal affairs. similar insurance.
D. EMPLOYEE HIRED AUTOS (3) Coverage under this provision does not apply
1. Changes In Covered Autos Liability Coverage to any claim for "bodily injury" or "property
damage" resulting from an "accident" that
The following is added to the Who Is An occurred before you formed or acquired the
Insured Provision: organization.
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your business.
2. Changes In General Conditions
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F. SUBSIDIARIES AS INSUREDS K. TRANSPORTATION EXPENSES
Section II — Liability Coverage, A.1. Who Is An Section III — Physical Damage Coverage, A.4.
Insured is amended by adding the following: Coverage Extensions Subparagraph a.
Any legally incorporated subsidiary in which you Transportation Expenses is replaced by the
own more than 50% of the voting stock on the following:
effective date of this policy. However, "insured" (1) We will pay up to $75 per day to a maximum of
does not include any subsidiary that is an "insured" $2,500 for temporary transportation expense
under any other automobile liability policy or was an incurred by you because of the total theft of a
"insured" under such a policy but for termination of covered "auto" of the private passenger type.
that policy or the exhaustion of the policy's limits of We will pay only for those covered "autos" for
liability. which you carry either Comprehensive or
G. SUPPLEMENTARY PAYMENTS Specified Cause Of Loss Coverage. We will
pay for temporary transportation expenses
Section II — Liability Coverage, A.2.a. Coverage incurred during the period beginning 48 hours
Extensions, Supplementary Payments (2) and after the theft and ending, regardless of the
(4) are replaced by the following: policy's expirations, when the covered "auto" is
(2) Up to $5,000 for cost of bail bonds (including returned to use or we pay for its"loss".
bonds for related traffic law violations) required (2) If the temporary transportation expenses you
because of an "accident" we cover. We do not incur arise from your rental of an "auto" of the
have to furnish these bonds. private passenger type, the most we will pay is
(4) All reasonable expenses incurred by the the amount it costs to rent an "auto" of the
"insured" at our request, including actual loss of private passenger type which is of the same
earnings up to $500 a day because of time off like kind and quality as the stolen covered
from work. "auto".
H. FELLOW EMPLOYEE COVERAGE L. AUDIO, VISUAL, AND DATA ELECTRONIC
In those jurisdictions where, by law, fellow EQUIPMENT COVERAGE ADDED LIMITS
employees are not entitled to the protection Audio, Visual, And Data Electronic Equipment I
afforded to the employer by workers compensation Coverage Added Limits of$5,000 Per"Loss" are in
exclusivity rule, or similar protection. The following addition to the sublimit in Paragraph C.1.b. of the
provision is added: Limits Of Insurance provision under Section III —
Subparagraph 5. of Paragraph B. Exclusions in Physical Damage Coverage.
Section II Liability Coverage does not apply if the M. HIRED AUTO PHYSICAL DAMAGE
"bodily injury" results from the use of a covered Section III — Physical Damage Coverage, A.4.
"auto"you own or hire. Coverage Extensions is amended by adding the
I. TOWING following:
Section III — Physical Damage Coverage, A.2. If hired "autos" are covered "autos" for Liability
Towing is replaced with the following: Coverage, and if Comprehensive, Specified
We will pay for towing and labor costs incurred, Causes of Loss, or Collision coverage is provided
subject to the following: for any "auto" you own, then the Physical Damage
coverages provided are extended to "autos" you
a. Up to $100 each time a covered "auto" of the hire, subject to the following limit and deductible:
private passenger type is disabled; or
(1) The most we will pay for loss to any hired
b. Up to $500 each time a covered "auto" other "auto" is the lesser of Actual Cash Value or
than the private passenger type is disabled. Cost of Repair, minus the deductible.
However, the labor must be performed at the place (2) The deductible will be equal to the largest
of disablement. deductible applicable to any owned "auto" for
J LOCKSMITH SERVICES that coverage. No deductible applies to "loss"
Section III — Physical Damage Coverage, A.4. caused by fire or lightning.
Coverage Extensions is amended by adding the (3) Subject to the above limit and deductible
following: provisions, we will provide coverage equal to
We will pay up to $250 per occurrence for the broadest coverage applicable to any
necessary locksmith services for keys locked inside covered auto"you own.
a covered private passenger "auto". The We will pay up to$1,000, in addition to the limit
deductible is waived for these services. above, for loss of use of a hired auto to a
leasing or rental concern for a monetary loss
sustained, provided it results from an "accident"
for which you are legally liable.
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N. AUTO LOAN OR LEASE COVERAGE Q. EXTRA EXPENSE FOR STOLEN AUTO
Section III — Physical Damage Coverage Section III — Physical Damage Coverage, A.4.
Paragraph A.4. Coverage Extensions is amended Coverage Extensions is amended by adding the
by the addition of the following: following:
In the event of a total "loss" to a covered "auto" We will pay up to $1,000 for the expense incurred
which is covered under this policy for returning a stolen covered "auto" to you because of
Comprehensive, Specified Cause of Loss, or the total theft of such covered "auto". Coverage
Collision coverage, we will pay any unpaid amount applies only to those covered "autos" for which you
due, including up to a maximum of $500 for early carry Comprehensive or Specified Causes Of Loss
termination fees or penalties, on the lease or loan Coverage.
for a covered "auto", less: R. RENTAL REIMBURSEMENT
1. The amount paid under the Physical Damage Section III — Physical Damage Coverage, A.4.
Coverage Section of the policy; and Coverage Extensions is amended by adding the
2. Any: following:
a. Overdue lease/loan payments at the time 1. This coverage applies only to a covered"auto"for
of the"loss"; which Physical Damage Coverage is provided
on this policy.
b. Financial penalties imposed under a lease 2. We will pay for rental reimbursement expenses
for excessive use, abnormal wear and tear incurred by you for the rental of an "auto"
or high mileage; because of "loss" to a covered "auto". Payment
c. Security deposits not returned by the applies in addition to the otherwise applicable
lessor; amount of each coverage you have on a covered
d. Costs for extended warranties, Credit Life "auto". No deductibles apply to this coverage.
Insurance, Health, Accident or Disability 3. We will pay only for those expenses incurred
Insurance purchased with the loan or lease; during the policy period beginning 24 hours
and after the "loss" and ending, regardless of the
e. Carry-over balances from previous loans or policy's expiration, with the lesser of the
leases. following number of days.
Coverage does not apply to any unpaid amount a. The number of days reasonably required to
due on a loan for which the covered "auto's is not repair or replace the covered "auto". If
the sole collateral. "loss" is caused by theft, this number of
O. PERSONAL PROPERTY OF OTHERS days is added to the number of days it
takes to locate the covered "auto" and
Section III — Physical Damage Coverage, A.4. return it to you; or
Coverage Extensions is amended by adding the b. 30 days.
following:
We will pay up to $500 for loss to personal property 4. Our payment is limited to the lesser of the
of others in or on your covered"auto." following amounts:
This coverage applies only in the event of"loss" to a. Necessary and actual expenses incurred;
your covered "auto" caused by fire, lightning, or
explosion, theft, mischief or vandalism, the covered b. $75 per day, subject to a$2,250 limit.
"auto's"collision with another object, or the covered 5. This coverage does not apply while there are
"auto's"overturn. spare or reserve "autos" available to you for
No deductibles apply to this coverage. your operations.
P. PERSONAL EFFECTS COVERAGE 6. If"loss" results from the total theft of a covered
Section III — Physical Damage Coverage, A.4. "auto" of the private passenger type, we will
Coverage Extensions is amended by adding the pay under this coverage only that amount of
following: your rental reimbursement expenses which is
not already provided for under the Physical
We will pay up to $500 for "loss" to your personal Damage — Transportation Expense Coverage
effects not otherwise covered in the policy or, if you Extension included in this endorsement.
are an individual, the personal effects of a family
member, that is in the covered auto at the time of the 7. Coverage provided by this extension is excess
"loss". over any other collectible insurance and/or
endorsement to this olic
For the purposes of this extension personal effects p y'
means tangible property that is worn or carried by an
insured including portable audio, visual, or electronic
devices. Personal effects does not include tools,
jewelry, guns, money and securities, or musical
instruments
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S. AIRBAG COVERAGE W. DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
Section III — Physical Damage Coverage, B.3.a. SUIT,OR LOSS
Exclusions is amended by adding the following: Section IV — Business Auto Conditions, A.2.
If you have purchased Comprehensive or Collision Duties In The Event Of Accident, Claim, Suit Or
Coverage under this policy, the exclusion relating to Loss is amended by adding the following:
mechanical breakdown does not apply to the Your obligation to notify us promptly of an "accident",
accidental discharge of an airbag. claim, "suit" or "loss" is satisfied if you send us the
T. NEW VEHICLE REPLACEMENT COST required notice as soon as practicable after your
Insurance Administrator or anyone else designated by
The following is added to Paragraph C. Limit Of you to be responsible for insurance matters is notified,
Insurance of Section III — Physical Damage or in any manner made aware, of an"accident",claim,
Coverage "suit"or"loss".
In the event of a total "loss"to your new covered auto X. WAIVER OF TRANSFER OF RIGHTS OF
of the private passenger type or vehicle having a RECOVERY
gross vehicle weight of 20,000 pounds or less, to Subparagraph 5. of Paragraph A. Loss Conditions
which this coverage applies, we will pay at your of Section IV Business Auto Conditions is deleted
option: in its entirety and replaced with the following.
a. The verifiable new vehicle purchase price you Transfer Of Rights Of Recovery Against Others
paid for your damaged vehicle, not including any To Us
insurance or warranties. If any person or organization to or for whom we
b. The purchase price, as negotiated by us, of a make payment under this Coverage Form has
new vehicle of the same make, model, and rights to recover damages from another, those
equipment, or most similar model available, not rights are transferred to us. That person or
including any furnishings, parts, or equipment not organization must do everything necessary to
installed by the manufacturer or their dealership. secure our rights and must do nothing after
c. The market value of your damaged vehicle, not "accident"or"loss"to impair them.
including any furnishings, parts, or equipment not However, we waive any right of recovery we may
installed by the manufacturer or their dealership. have against any person, or organization with
We will not pay for initiation or set up costs associated whom you have a written contract, agreement or
with a loans or leases. permit executed prior to the "loss"that requires a
For the purposes of this coverage extension a new waiver of recovery for payments made for
covered auto is defined as an "auto"of which you are damages arising out of your operations done
the original owner that has not been previously titled under contract with such person or organization.
which you purchased less than 180 days prior to the Y. UNINTENTIONAL FAILURE TO DISCLOSE
date of loss. EXPOSURES
U. LOSS TO TWO OR MORE COVERED AUTOS Section IV — Business Auto Conditions, B.2.
FROM ONE ACCIDENT Concealment, Misrepresentation, Or Fraud is
Section III — Physical Damage Coverage, D. amended by adding the following:
Deductible is amended by adding the following: If you unintentionally fail to disclose any exposures
If a Comprehensive, Specified Causes of Loss or existing at the inception date of this policy, we will not
Collision Coverage"loss"from one"accident"involves deny coverage under this Coverage Form solely
two or more covered "autos", only the highest because of such failure to disclose. However, this
deductible applicable to those coverages will be provision does not affect our right to collect additional
applied to the"accident". premium or exercise our right of cancellation or non-
renewal.
If the application of the highest deductible is less Z. MENTAL ANGUISH
favorable or more restrictive to the insured than the
separate deductibles as applied in the standard form, Section V — Definitions, C. is replaced by the
the standard deductibles will apply. following:
This provision only applies if you carry "Bodily injury" means bodily injury, sickness or
Comprehensive, Collision or Specified Causes of disease sustained by a person, including mental
Loss Coverage for those vehicles, and does not anguish or death resulting from bodily injury, sickness
extend coverage to any covered"autos"for which you or disease.
do not carry such coverage. AA. LIBERALIZATION
V. WAIVER OF DEDUCTIBLE — GLASS REPAIR OR If we revise this endorsement to provide greater
REPLACEMENT coverage without additional premium charge, we will
Section III — Physical Damage Coverage, D. automatically provide the additional coverage to all
Deductible is amended by adding the following: endorsement holders as of the day the revision is
If a Comprehensive Coverage deductible is shown in effective in your state.
the Declarations it does not apply to the cost of
repairing or replacing damaged glass.
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