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Home My WebLink AboutC18-376 Vail Honeywagon EnterprisesAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND VAIL HONEYWAGON ENTERPRISES, LLC THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Vail Honeywagon Enterprises, LLC a Colorado limited liability company (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County issued a request for proposals ("RFP") on September 24, 2018, seeking the services of a vendor to transport collected material from drop-off collection sites situated throughout greater Eagle County to the Eagle County Materials Recovery Facility (MRF) located at 605 Ute Creek Road Wolcott, Colorado (the “Property”). A copy of the RFP is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, as a result of the RFP process, Contractor was selected as the successful respondent to provide the Services. A copy of Contractor's proposal is attached hereto as Exhibit B and incorporated herein by reference. 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 County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County 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 C (“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 Hauling Frequency Schedule established in Exhibit C. 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 C and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Contractor agrees to provide the necessary vehicles and drivers to haul recycle collection containers to the Eagle County MRF from various drop-off collection sites located throughout greater Eagle County. The collection sites are identified in Exhibit C (collectively “sites” and each a “site”). d. County owns and will provide roll-off containers at the sites for the collection of commingled containers (“commingle”), newspaper, and cardboard. The County will provide a total of 14 roll-off containers: four DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 12/18/2018 2 Eagle County Landfill General Services Final 5/14 (4) 30 cubic yard containers for Avon, four (4) 30 cubic yard containers for Edwards, three (3) 40 cubic yard containers for Eagle, and three (3) 40 cubic yard containers for Gypsum sites for collection of commingle, newspaper, and cardboard. The County will provide swap containers as needed for the sites. e. Contractor shall be responsible for providing a cardboard collection container at the site in Red Cliff. The Red Cliff site requires one (1) container for cardboard. Cardboard container must be eight (8) cubic yard frontload dumpster with lid. Containers are required to be in good condition with operable slotted cardboard lids. Contractor shall be responsible, at its sole expense, for the repair and maintenance of all cardboard collection containers supplied pursuant to this Agreement. On cardboard collection days (excluding Saturdays) the drop-site cardboard will need to be collected separate from any commercial or non-drop site cardboard and delivered to the Eagle County Recycle MRF the next business morning. Cardboard collection on Saturday will require the delivery of the material to the Eagle County MRF the next business day. Contractor shall provide the one (1) container at the Red Cliff site. Reloads will be at no additional expense to the County. f. The Contractor may not place any signage on the County containers unless prior approval is obtained from the Eagle County Solid Waste & Recycling Department. g. Contractor is responsible, at its sole expense, for repairs to any damaged roll-off containers when the damage is caused by Contractor’s or its employee’s negligence. h. Contractor is required to haul all collected material to the Eagle County MRF. There will be no tipping fees assessed to the Contractor. 1. Collection site cleanup will be provided by the County. j. The County may provide or request that Contractor provide, additional open-top 30 cubic yard roll-off containers at the collection sites set forth in Exhibit C during holiday seasons, and Contractor will be compensated at $200.00 per haul. k. County will have the option at its discretion to change to eight (8) cubic yard frontload dumpsters with lids at Avon and Edwards if they deem necessary. 2. County’s Representative. The Solid Waste and Recycling Department’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 31st day of December, 2019. 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 County for such additional services in accordance with County’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 County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 3 Eagle County Landfill General Services Final 5/14 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit C. The performance of the Services under this Agreement shall not exceed $250,000.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). e. Contractor's fees for Services, set forth in Exhibit C, shall be subject to a 3% increase for each term that this Agreement is extended. 6. Subcontractors. Contractor acknowledges that County 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 County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions 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. DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 4 Eagle County Landfill General Services Final 5/14 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 Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County 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 the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemplo yment 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 County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor its employees, agents or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third 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 files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 5 Eagle County Landfill General Services Final 5/14 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. COUNTY: Eagle County, Colorado Attention: Jesse Masten 815 Ute Creek Road Post Office Box 473 Wolcott, CO 81655 Telephone: 970-328-3472 Facsimile: 970-328-3466 E-Mail: jesse.masten@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: Vail Honeywagon Enterprises, LLC Post Office Box 4330 Edwards, CO 81632 Telephone: 970-476-3511 Facsimile: 970-926-3712 E-Mail: requests@vailhoneywagon.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 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 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 6 Eagle County Landfill General Services Final 5/14 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 County 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 the County 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 County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. 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 the County. Any attempt to assign this Agreement without such consent shall be void. DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 7 Eagle County Landfill General Services Final 5/14 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. l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, 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 Government 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: https://www.uscis.gov/e-verify 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. DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 8 Eagle County Landfill General Services Final 5/14 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 County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor 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, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 10 Eagle County Landfill General Services Final 5/14 EXHIBIT A REQUEST FOR PROPOSALS DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 11 Eagle County Landfill General Services Final 5/14 EXHIBIT B CONTRACTOR'S PROPOSAL DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 12 Eagle County Landfill General Services Final 5/14 EXHIBIT C SCOPE OF SERVICES, SCHEDULE, FEES County shall compensate Contractor for the satisfactory performance of the Services as follows: 1. Roll-off container hauling: County will pay Contractor $200.00 per haul. 2. Red Cliff cardboard hauling: County will pay Contractor $300.00 per haul. 3. Monthly pricing for front load cardboard collection, yellow slotted-locking bars (8-yard containers, 6 total at Edwards and Avon: County will pay Contractor $7,794.00 per month. Drop-Off Collection Centers: 1. Avon: 375 Yoder Ave Town of Avon Public Works 2. Edwards: CDOT Rest Area near I-70 exit 163 3. Eagle: 1050 Chamber Ave. Town of Eagle Public Works Facility 4. Gypsum: Ridley’s Market Parking Lot Northwest Corner 5. Red Cliff: 400 Pine St. Community Center DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 13 Eagle County Landfill General Services Final 5/14 EXHIBIT D INSURANCE CERTIFICATE DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/22/2017 License # 0757776 (303) 893-0300 (866) 243-0727 13021 Vail Honeywagon Enterprises, LLC 955 Ute Creek Road Wolcott, CO 81655 28053 41190 A 1,000,000 X X 60488166 01/01/2018 01/01/2019 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A X X 60488166 01/01/2018 01/01/2019 2,000,000B FF02167300 01/01/2018 01/01/2019 2,000,000 0 C X 4133726 01/01/2018 01/01/2019 1,000,000 1,000,000 1,000,000 Eagle County is included as additional insured under General Liability and Automobile Liability on a primary and non-contributory basis. Eagle County P.O. Box 473 Wolcott, CO 81655 MOUNWAS-01 AWILLIAMSON1 HUB International Insurance Services (COL) 1125 17th Street, Suite 900 Denver, CO 80202 Jessica Roscoe jessica.roscoe@hubinternational.com United Fire & Casualty Rockhill Insurance Pinnacol Assurance Company X X X X X X X X X DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. • Extended Property Damage • Expanded Fire Legal Liability to include Explosion. Lightning and Sprinkler Leakage • Coverage for non-owned watercraft is extended to 5 t feet in length • Property Damage · Borrowed Equipment • Property Damage Liability -Elevators • Coverage D -Voluntary Property Damage Coverage S5.000 Occurrence with a $10,000 Aggregate • Coverage E -Care, Custody and Control Property Damage Coverage S25,000 Occurrence with a $100,000 Aggregate -$500 Deductible • Coverage F -Electronic Data Liability Coverage -$50,000 • Coverage G -Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate -$1,000 Deductible • Coverage H -Water Damage Legal Liability -$25,000 • Increase in Supplementary Payments: Bail Bonds to $1,000 • Increase in Supplementary Payments: Loss of Earnings lo $500 • For newly formed or acquired organizations -extend the reporting requirement to 180 days • Broadened Named Insured • Automatic Additional Insured -Owners, Lessees or Contractors -Automatic Status When Required in Construction Agreement With You -Including Upstream Parties • Automatic Additional Insured -Vendors • Automatic Additional Insured -Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You • Automatic Additional Insured -Managers or Lessor of Premises • Additional Insured -Engineers, Architects or Surveyors Not Engaged by the Named Insured • Additional Insured -Employee Injury to Another Employee • Automatically included -Aggregate Limits of Insurance (per location) • Automatically included -Aggregate Limits of Insurance (per project) • Knowledge of occurrence -Knowledge of an "occurrence'', "claim or suit"' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an olficer of the named insured has received such notice from the agent, servant or employee • Blanket Waiver of Subrogation • Liberalization Condition • Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. • Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW • Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 12 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 12 Policy #60488166 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULTRA LIABILITY PLUS ENDORSEMENT This endorsement mod1f1es insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES A. The following changes are made at COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: "Bodily injury"' or "property damage"' expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION Ill - LIMITS OF INSURANCE . 3. Non-Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following: (a) Less than 51 feet long; 4. Property Damage -Borrowed Equipment At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property: This exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage"' to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability -Elevators At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property: This exclusion does not apply to "property damage"' resulting from the use of elevators. However. any insurance provided for such "'property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE D -VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of "your work"'. Coverage applies at lhe request of the insured, whether or not the insured is legally obligated lo pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 j. Damage to Property "Property damage" to: CG 71 03 07 17 (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile', "watercraft" or "aircraft' you own, hire or lease; (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 2. COVERAGE E -CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4) of exclusion j. does not apply. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 3. COVERAGE F -ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A -Bodily Injury And Property Damage Liability in Section I -Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Electronic data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury" b. "Property damage" means: (1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this Electronic Data Liability Coverage, "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE 4. COVERAGE G -PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 b. Exclusions This insurance does not apply to "product recall expense" arising out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "'product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) "Bodily injury" or "property damage". (7) Failure of "your product" to accomplish its intended purpose. including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation. customer faith or approval. or any costs incurred to regain customer market. or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". (11) "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. (12) Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 5. COVERAGE H -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section I) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE C. SUPPLEMENTARY PAYMENTS -COVERAGES A AND Bis amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 SECTION II -WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following : a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period. whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.1. is added as follows: I. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does nol apply lo "bodily injury" or "properly damage" lhal occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured -Owners, Lessees or Contractors-Automatic Status When Required in Construction or Service Agreement With You -Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organ1zation(s) 1s an add1t1onal insured only with respect to liability for "bodily 1niury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render. any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily in1ury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured · Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub-paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 7. Additional Insured -Lessor of Leased Equipment -Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out al the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 8. Additional Insured -Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply lo: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in lhe Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 9. Additional Insured · Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specificalions; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 10. Additional Insured-Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED is amended to read: a. "Bodily injury" or "personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 10 only, a position is deemed to be supervisory in nature if that person pertorms principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION Ill -LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added: 8. Subject to Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. Coverage G -Product Recall Expense 9. Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible. for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. We will only pay for the amount of "product recall expenses" which are in excess of the deductible amount. The deductible applies separately to each "product recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises 1nvolv1ng the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 10 of SECTION II -WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement: b. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13 Subject to 5. of SECTION Ill -LIMITS OF INSURANCE, a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D -Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 14. Subject to 5. of SECTION Ill -LIMITS OF INSURANCE, a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E · Care, Custody and Control Coverage regardless of the number of: a. Insureds: b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible -Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "aggregate" is the maximum amount we will pay tor all covered "occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 0717 15. Subject to 5. of SECTION Ill -LIMITS OF INSURANCE. the most we will pay for "property damage" under Coverage F -Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of "occurrences". SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the "occurrence" took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nalure and localion of any injury or damage arising out of the "occurrence" or offense. (b) If a claim is made or "suit" is brought against any insured, you must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II -WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. B. The following are added: 10. Condition (5) of 2. "Duties in the event Occurrence, Offense, Claim or Suit" c. You or any other involved insured must: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 11. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. 12. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 13. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fall to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However. this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 14. The following conditions are added in regard to Coverage G -Product Recall Expense In event of a "product recall", you must a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. SECTION V -DEFINITIONS A. Al item 12. "Mobile equipment" the wording al 1.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 lbs which are not designed for highway use. B. Item 3. "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency lhal: a. The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CG 71 03 07 17 25. "Product recall expense" means reasonable and necessary expenses for: a. Telephone. radio and television communication and printed advertisements. including stationery. envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. I. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". CG 71 03 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 12 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 Policy # 60485230 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART COMMERCIAL UMBRELLA COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance IL 71 05 10 14 This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; (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; (3) The additional insured gives us prompt written notice of any "occurrence" which may result in a claim and prompt written notice of "suit"; (4) The additional insured immediately forwards all legal papers to us, cooperates in the investigation or settlement of the claim or defense against the "suit", and otherwise complies with policy conditions. (5) The additional insured must tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this policy. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For the purpose of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. (6) The additional insured agrees to make available any other insurance that the additional insured has for a loss we cover under this policy. IL71051014 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 *42037200* I llllll lllll lllll 111111111111111111111111111111111 Policy # 60488166 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CA 71 09 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE INDEX Descriptio n Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE BROAD FORM INSURED EMPLOYEES AS INSUREDS ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT AMENDED FELLOW EMPLOYEE EXCLUSION TOWING AND LABOR PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE EXTRA EXPENSE - THEFT RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE PERSONAL EFFECTS COVERAGE AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE AIRBAG ACCIDENTAL DISCHARGE AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT GLASS REPAIR – DEDUCTIBLE AMENDMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS WAIVER OF SUBROGATION REQUIRED BY CONTRACT UNINTENTIONAL FAILURE TO DISCLOSE HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE EXTENDED CANCELLATION CONDITION 1 1 2 2 2 2 3 3 3 4 4 4 4 5 5 5 5 5 6 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in are likewise for information only and by themselves shall be deemed to grant no coverage. B. BROADENED LIABILITY COVERAGESA. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION II – LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: SECTION I – COVERED AUTOS , paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: d.Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an “insured” under any other automobile policy or would be an “insured” under such a policy but for its termination or the exhaustion of its Limit of Insurance. If Physical Damage Coverage is provided under this Coverage form for an “auto” you own, the Physical Damage coverages provided for that owned “auto” are extended to any “auto” you do not own while used with the permission of its owner as a temporary substitute for the covered “auto” you own that is out of service because of its breakdown, repair, servicing, “loss”, or destruction. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 6 Policy #60485230Policy # 60488166 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CA 71 09 01 06 e.Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: C. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your “employees” who occupy positions which are supervisory in nature,SECTION II. LIABILITY B. Exclusion 5. Fellow Employee is replaced by:(1)That is a joint venture or partnership, 5. Fellow Employee(2)That is an “insured” under any other policy, “Bodily Injury”:(3)That has exhausted its Limit of Insurance under any other policy, or (a)To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (4)180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. (b)To your “executive officers” and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; Coverage does not apply to “bodily injury” or “property damage” that results from an accident that occurred before you formed or acquired the organization. (c)For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or f.Any employee of yours while acting in the course of your business or your personal affairs while using a covered “auto” you do not own, hire or borrow. (d)Arising out of his or her providing or failing to provide professional health care services. g.Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge.(1)Currently in effect or becoming effective during the term of this policy; and D. BROADENED PHYSICAL DAMAGE COVERAGES (2)Executed prior to the “bodily injury” or “property damage”.SECTION III – PHYSICAL DAMAGE COVERAGE Coverage is amended as follows:The additional insured status will apply only with respect to your liability for “bodily injury” or “property damage” which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered “autos” at the location(s) designated, if any. 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered “auto” classified and rated as a private passenger type, “light truck” or “medium truck” is disabled: Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. (a)For private passenger type vehicles or “light trucks” we will pay up to $75 per disablement. “Light trucks” have a gross vehicle weight (GVW) of 10,000 pounds or less.For any covered “auto” you own this Coverage Form provides primary coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission.Page 2 of 6 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CA 71 09 01 06 (b)For “medium trucks” we will pay up to $150 per disablement. “Medium trucks” have a gross vehicle weight (GVW) of 10,001 lbs. to 20,000 pounds. (2)We will pay only for expenses incurred during the policy period and beginning 24 hours after the “loss” and ending, regardless of the policy's expiration, with the lesser of the following number of days: However, the labor must be performed at the place of disablement.(a)The number of days reasonably required to repair or replace the covered “auto.” If “loss” is caused by theft, this number of days is added to the number of days it takes to locate the covered “auto” and return it to you, or4. Coverage Extensions (b)30 days.a. Transportation Expense is amended to provide the following limits:(3)Our payment is limited to the lesser of the following amounts:We will pay up to $50 per day to a maximum of $1,000. All other terms and provisions of this section remain applicable. (a)Necessary and actual expenses incurred; or (b)$35 per day. The following language is added to 4. Coverage Extensions:(c)This coverage does not apply while there are spare or reserve “autos” available to you for your operations.c. Theft Recovery Expense (d)If “loss” results from the total theft of a covered “auto” of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. If you have purchased Comprehensive Coverage on an “auto” that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered “auto” of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type for which Physical Damage coverages apply. ( e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an “auto” you own and that “auto” is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the “auto”. The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an “insured”. Personal Effects does not include tools, jewelry, guns, musical instruments, money, or securities. (1)We will pay for auto rental expense and the expense incurred by you because of “loss” to remove and transfer your materials and equipment from a covered “auto” to a covered “auto.” Payment applies in addition to the otherwise applicable coverage you have on a covered “auto.” No deductible applies to this coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 6 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CA 71 09 01 06 (4)With respect to this coverage, the most we will pay for all “loss” of audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one “accident” is the lesser of:f. Audio, Visual and Data Electronic Equipment Coverage. (a)The actual cash value of the damaged or stolen property as of the time of the “loss”;We will pay for “loss” to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in a covered “auto” at the time of the “loss” or the equipment is removable from a housing unit which is permanently installed in a covered “auto” at the time of the “loss”, and such equipment is designed to be solely operated by use of the power from the ”auto's” electrical system, in or upon the covered “auto.” (b)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or $1,000; minus a deductible of $100. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of loss. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. (1)We will pay with respect to a covered “auto” for “loss” to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. If there is other coverage provided for audio, visual and data electronic equipment, the coverage provided herein is excess over any other collectible insurance. (2)In addition to the exclusions that apply to Physical Damage Coverage with exception of the exclusion relating to audio, visual and data electronic equipment, the following exclusions also apply: D. SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended as follows: The following language is added to Exclusion 3.: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. (3)We will not pay for any electronic equipment or accessories used with such electronic equipment that are: (a)Necessary for the normal operation of the covered “auto” for the monitoring of the covered “auto's” operating system; or E. AUTO LOAN/LEASE TOTAL LOSS PROTECTION(b)Both: An integral part of the same unit housing any sound reproducing equipment designed solely for the reproducing of sound if the sound reproducing equipment is permanently installed in the covered “auto”; and SECTION III – PHYSICAL DAMAGE COVERAGE – C. Limit of Insurance is amended by adding the following language: 4.In the event of a total “loss” to a covered “auto” shown in the Schedule pages, subject at the time of the “loss” to a loan or lease, we will pay any unpaid amount due on the lease or loan for a covered “auto” less: Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission.Page 4 of 6 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CA 71 09 01 06 a.The amount paid under the Physical Damage Coverage Section of the policy; and (4)Your members, managers or insurance manager, if you are a limited liability company; orb.Any: (5)Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization. (1)Overdue lease / loan payments at the time of the “loss’’; (2)Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; G. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV ,BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: (3)Security deposits not returned by the lessor; (4)Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the “bodily injury” or “property damage.” (5)Carry-over balances from previous loans or leases. (GLASS REPAIR – DEDUCTIBLE AMENDMENT) Under D., Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered “auto” will not apply to glass breakage if the damaged glass is repaired, rather than replaced. H. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV – BUSINESS AUTO CONDITIONS, Subsection B. General Conditions , the following is added to 2. Concealment, Misrepresentation Or Fraud :F. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. Under SECTION IV – BUSINESS AUTO CONDITIONS, Subsection A., Loss Conditions , the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: I. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE d.Knowledge of any “accident,” “claim,” “suit” or “loss” will be deemed knowledge by you when notice of such “accident,” “claim,” “suit” or “loss” has been received by: Under SECTION IV – BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b.is replaced by the following:(1 ) You, if you are an individual; b. (1)For “Comprehensive” and “Collision” Auto Physical Damage provided by this endorsement, the following are deemed to be covered “autos” you own: (2)Any partner or insurance manager if you are a partnership; (3)An executive officer or insurance manager, if you are a corporation;(a)Any Covered “auto” you lease, hire, rent or borrow; and CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission .Page 5 of 6 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 CA 71 09 01 06 (b)Any Covered “auto” hired or rented by your “employee” under a contract in that individual “employee's” name, with your permission, while performing duties related to the conduct of your business. (3)This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4)Definitions For This Section (a)Comprehensive Coverage: from any cause except the covered “auto's” collision with another object or the covered “auto's” overturn. We will pay glass breakage, “loss” caused by hitting a bird or animal and, “loss” caused by falling objects or missiles. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto” (2)Limit of Insurance For This Section The most we will pay for any one “loss” is the lesser of the following:(b)Collision Coverage: caused by the covered “auto's” collision with another object or by the covered “auto's” overturn. (a)$50,000 per accident, or (b)actual cash value at the time of loss, or J. EXTENDED CANCELLATI ON CONDITION (c)cost of repair.A.Under CANCELLATION,of the COMMON POLICY CONDITIONS form, item 2.b . is replaced by the following:minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to “loss” caused by fire or lightning. b.60 days before the effective date of cancellation if we cancel for any other reason CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission .Page 6 of 6 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 Policy # 60488166 DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Mountain Waste and Recycling, Inc. 10100 E 102nd Ave Henderson, CO 80640 Hub International Insurance Service 1125 17th Street Ste. 900 Denver, CO 80202-4364 (888) 795-0300 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P MARTINAK - Underwriter 12/18/2017 07:56:04 4133726 50594167 359-B NCCI #: WC000313B Policy #: 4133726 ENDORSEMENT:Blanket Waiver of Subrogation Effective Date:January 1, 2018 Expires on: January 1, 2019 Pinnacol Assurance has issued this endorsement December 18, 2017 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. DocuSign Envelope ID: CCA23F11-F9F8-47A2-B9A2-3B9D83926945