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2011-80 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this - day of VOZAP/11.1)0_, 2011, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "OWNER "), and ALLSTATE PAVING, INC., 5284 Patch Road, Orlando, FL 32822 (hereinafter referred to as "CONTRACTOR "). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the bid documents and specifications entitled: RFB NO. 11 -023 — Disston Avenue Stormwater Improvements as prepared by Owner and its agents shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. ARTICLE II - THE CONTRACT SUM The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract as set forth in the contract documents and the Unit Price Schedule, attached hereto and incorporated herein as Exhibit "A ", in lawful tender of the United States, the total contract sum of FIVE HUNDRED NINETY -NINE THOUSAND ONE HUNDRED AND TEN DOLLARS ($599,110.00). ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK 1. The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) Notice to proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within ninety (90) calendar days, unless the period for completion is extended otherwise by the amendment or change order to the Contract. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified and accepted by the OWNER as sufficiently complete, in accordance with the Contract Documents. 2. The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3 The CONTRACTOR further declares he has examined the sites of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such sites are correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the OWNERS Public Services Project Manager and his decision shall be final and binding upon all parties. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and /or of the Drawings, Plans and Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and /or the Drawings and Specifications covering said work; and the OWNER may require the CONTRACTOR and /or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and /or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and /or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and /or repair from the CONTRACTOR and /or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract and /or his failure to comply strictly and in all things with this Contract and /or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 4. If required, As -built drawings and warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. ARTICLE IV - LIQUIDATED DAMAGES 1. It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall pay to OWNER the sum of FIVE HUNDRED DOLLARS ($500.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated damages amount contained herein to Owner within fifteen (15) days of receipt of Owner's written demand for such payment. 2. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection ARTICLE V - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1. CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the OWNER for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain ten percent (10 %) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment, including any retainage amount, on account of this Contract shall be made within thirty (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. ARTICLE VI - ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. ARTICLE VII — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The Owner and Contractor shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VIII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The Contractor shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected 2. Contractor's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Subcontractor's Public Liability and Property Damage Insurance - The Contractor shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Owner's and Contractor's Protective Liability Insurance - The Owner shall procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability & $1,000,000 each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 6. Broad Form Property Damage Coverage, Products & Completed Operations Coverages - The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7. Contractual Liability Work Contracts - The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this Agreement. 8. Indemnification Rider (a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the Owner or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner for the indemnification provided herein. 9. Safety — At all times while performing the services contemplated herein Contractor agrees to comply with OWNER'S published safety standards. A copy of these standards is attached hereto and incorporated herein as Exhibit `B ". CONSULTANT shall have full responsibility and assume all liability for the safety and supervision of its employees while performing services provided hereunder. ARTICLE IX - NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Allstate Paving, Inc. 5284 Patch Road Orlando, FL 32822 Attn. Dan Phillips, President OWNER: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE X — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by contractor. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by contractor, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. Contractor expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. Contractor expressly agrees that it will comply with all requirements related to said law and that it will hold city harmless for any such disclosure related to Florida's Public Records Law. ARTICLE XI - CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: 1. Contract Agreement 2. Technical Plan and Specifications 3. All documents contained in RFP No.: 11 -023 — Disston Avenue Stormwater Improvements and CONTRACTOR's October 13, 2011 response thereto, including any all addenda or amendments thereto. 4. Instructions to Bidders 5. Drawings 6. Payment and Performance Bonds ' IN WITNESS W1 REOF, the parties hereto have executed this Agreement on this day of , 2011. . , ' , Ci t ont C.11 1911 \ '�_JJL' V Harold S. Turville, Jr., ayor j " Attdst: Pluul "` r • 11 Tracy A foyd, City Clerk Allstate Pavin: Inc. ; I fi r r—# 111111111.1....m /0..•, D � :hillips , President i J w ? %.,. Attest: I' C� -'IT •LI , Corporate Sec 4 ry EXHIBIT A Agog- SECTION — C Allstate Paving, Inc. - REVISED PRICE SCHEDULE 6284 Patch Road Oriunob, mama 32822 Final Completion Lump Sum Price (as per construction documents) (Words) (Figures) $ 5 ` Q "� Contractor's Days to Final Completion: 90 Calendar Days. Not to Exceed: Ninety (90) Calendar Days from Notice To Proceed. By signing below, the respondent agrees to all terms, conditions, and specifications as stated In this solicitation, and Is acting In an authorized capacity to execute this response. The respondent also certifies that h can and will provide ahid make available, at a minimum, the items set forth in this solicitation. Respondent Information and Signature • •• .wrar► Company Name (print): r ► ;, hg, no. Street Address: 5284 Paic a 6.• • • ando, Florida 32822 f Malting Address (f different): Telephone: "4 Ji r Z "11 - Z 1 t 7 Fax r 2ti 41'71 t# d Email: 1- a Lea ' • .e ' , , ' �i . Payment Perms: 1 °Y6 days, netTZ FEIN: 9 - .• 2,, 2 -' Professional. License No.: L c � �. AP Signature: ANY Date: 1 .41 •► Print Name: i (0 1 I _ Does the respondent accept payment using the City's MASTERCARD? ❑ Yes :, No END OF SECTION — C RFB No: 11-023 Page 11 of 41 Vity 01 L4Crinont Ow I-U SECTION — M Al latulb Paving, inc, 5284 Patch Road SCHEDULE OF UNIT PRICES - ��� Florida tori 32822 The schedule of unit prices below must be submitted with the response. Failure to do so may deem RFB as non - responsive. LS = Lump Sum LF = Linear Feet CY = Cubic Yard EA = Each 5Y = Square Yard � ltern Description Qty. Unit Unit Price Amount A. SITE WORK A.1 MOBILIZATION ` LS $ - S �.D A2 REMOVE OF EXISTING ASPHALT ` LS $ �S.rt.s $ S...A� --- A.3 REMOVE OF EXISTING LIMEROCK LS $ ` tee r � A.4 REMOVE OF EXISTING CONCRETE DRIVEWAY r LS $ 1 $ A.5 REMOVE OF EXISTING CURB ' LS $ 15. $ 1 A.6 SHEET PILE INSTALLED & REMOVED LF $ 712- $ 1 t (6;S,' A.7 TYPE -III SILT FENCE 6 LF $ 1 $ 1 2 2 1 , A.8 EARTHWORK -CUT 154.2a CY $ -* $ A.9 EARTHWORK -FILL 60� CY $ Z r - $ ' , A.10 RIGHT OF WAY GRADING EA $ $ A.11 SODDING I Sao SY $ 2. r $ A.12 REMOVE AND RELOCATE MAILBOXES i L5 $ 5v r $ A.13 MAINTENANCE OF TRAFFIC I LS $ r ULM, ■ A.14 CONSTRUCTION STAKING ( LS $ $ A.15 AS -BUILT DRAWINGS LS $ $ V A.16 REMOVE AND REPLACE EXISTING SIGNS LS $ 14 $ ts A.17 PAYMENT AND PERFORMANCE BOND LS $ d) $ CituA.R..9 B. ROADS B.1 12° STABILIZED SUBGRADE r + SY $ $ B.2 & LIMEROCK, PRIMED ( 35 SY $ 1 3 $ 55,0 B.3 2° TYPE S -III ASPHALT (VIRGIN) 1357 SY $ 16 $ 2 f G RFB No: 11 -023 Page 38 of 41 VIl'vl VIGIIIIVI11 OIV 1 I - 1LO SECTION - M SCHEDULE OF UNIT PRICES B.4 TYPE "F° CURB 725 LF $ t 4 r- $ (c),' cJ B.5 TRANSITION CURB 5 LF $ 12 0— $ eststst, /- B.6 SPILLOUT CURB SO LF $ , 4 r $ -7%,-.., °-- B.7 DROP CURB ‘, O LF $ 1 4' p- $ 1, 4.0 8.8 CONCRETE DRIVEWAYS i' d SY $ 4.. $ L6 gr; J i B.9 STREET SIGN 1 EA $ 15. $ t r,7 B.10 STOP SIGN 3 EA $ 7so $ °lux." '"--- - B.11 STOP BAR (THERMO) e3 EA $ 25%-, r $ '7 5 o B.12 REGULATORY SIGNS f EA $ 2.A-7--- $ 2 B.13 5' SIDEWALK I , SY $ $ c'r B.14 HANDICAP RAMPS Wl TRUNCATED DOMES 2- EA $ " S J $ % 54,.., C. STORM DRAINAGE C.1 REMOVE OF EXISTING INLETS LS $ I t� ®/' $ ,� ��' C.2 REMOVE OF EXISTING PIPES 1 LS $ r' $ • t�ry Ifr2 df) C.3 TYPE 6 MODIFIED INLET 6 ?•+s9a r $ tgs.22 aa C.4 STORM MANHOLE v EA $ 1 5 ' $ 131..2_7m C.5 DOG HOUSE MANHOLE r EA $ 7.o'a7,r $ '® C.6 STORM CAPTURE BOXES V E EA $ 3 $ 1 2 �c.32.1 C.7 TYPE 6 MODIFIED INLET W/ WEIR 1 EA $ 2S1�."- $ 2 C.8 18" RCP 2. LF $ 3J " $ • C.9 BAFFLE BOXES _ "3 EA $ Ill 5 fir-$ s 2 S ... C.10 BRICK & MORTER EX. 18" RCP I 9- EA $ ! 2 S J r $ 59 D. WATER DISTRIBUTION SYSTEM D.1 8" PVC WATER MAIN 1 LF $ 2 P- $ c t„ o D.2 8" DIP WATER MAIN INDER ROADWAYS 4 0 LF $ ?a ' $ t 2,..12, D.3 8° GATE VALVE AND BOX 3 EA $22..e7.--'s 6jp0 !77 RFB No: 11 - 023 Page 39 of 41 1 city 01 ciermont nia i-uta Allstate Paving, Inc. SECTION — M 6284 Patch Road SCHEDULE OF UNIT PRICES Orlando, Florida 32822 D.4 REMOVE 6' AC WM , 1 6r' LF $ 5' $ 62g 0.5 REMOVE 8' AC WM LF $ 5r $ ' r�- 0.6 REMOVE WATER SERVICE EA $ � '• $ Su D.7 REMOVE & REPLACE FIRE HYDRANT ASSEMBLY t EA $ 25 $ g D.8 6" X 8" REDUCER e EA $ Sr I $ 3(t? D.9 FITTINGS 1 LS $ 2 —� $ 1 2 1.10 SINGLE SERVICE I EA $ g� $ �Q 0.11 IRRIGATION RESTORATION ( LS $ $ s� P^- D.12 PRESSURE TEST / BACT -T TEST EA $C' $ �" D.13 CONNECT TO EXISTING - INSTALL DEADMAN 1 LS $ C $ D.14 TEMPORARY JUMPER LS $ 1 $ t > f r 0.15 6' GATE VALVE AND BOX EA $ $ Ci f u.P P" - F. SANITARY SEWER SYSTEM F.1 REMOVE SEWER LATERAL ` EA $ 25.="" $ �'� F.2 SINGLE LATERAL EA. $ t' uSt2' $ 1 13 ,s=-- END OF SECTION M RFB No: 11 -023 Page 40 of 41 Exhibit `B" SPECIFICATION SAFETY REQUIREMENTS The following safety requirements are comprehensive in nature with some site specificity; therefore, not all sections are applicable to every Agreement. Please apply those safety requirements as site or situation dictate. NOTE: All CONTRACTORs and /or engineers who assume responsibility for contract management will be responsible for insuring compliance with these safety requirements by all CONTRACTOR and any Subcontractors. I. GENERAL A. The CONTRACTOR shall comply with Federal /State Occupational Safety and Health Act (OSHA) Standards and any other rules and regulations applicable to construction and /or maintenance activities in the State of Florida. The CONTRACTOR shall also comply with Chapter 442, Florida Statutes (Toxic Substances in the Workplace), and any county, or city, or any other agency's rules and regulations regarding safety. B. The CITY'S safety personnel or any supervisor may, but is not required to, order that the work be stopped if a condition of immediate danger is found to exist. Nothing contained herein shall be construed to shift responsibility or risk of loss for injuries or damage sustained as a result of a violations of this Article from the CONTRACTOR to the CITY; and the CONTRACTOR shall remain solely and exclusively responsible for compliance with all safety requirements and for the safety of all persons and property at the project site. C. The parties hereto expressly agree that the obligation to comply with applicable safety provisions is a material provision of this Agreement and a duty of the CONTRACTOR. The CITY reserves the right to require demonstration of compliance with the safety provisions of this Agreement. The parties agree that such failure is deemed to be a material breach of this Agreement; and the CONTRACTOR agrees upon such breach, all work pursuant to the Agreement shall terminate until demonstration to the CITY that the safety provisions of this Agreement have been complied with. In no event shall action or failure to act on the part of the CITY be construed as a duty to enforce the safety provisions of this Agreement, nor shall it be construed to create liability for the CITY for any act or failure to act in respect to the safety provisions of this Agreement. II. SAFETY EQUIPMENT All CITY safety regulations will be strictly adhered to and enforced by the CITY, which may include work stoppage or removal of CONTRACTOR and /or personnel. These safety regulations include, but are not limited to: A. All persons on CITY property will wear industrial safety glasses with affixed side shields at all times, except, when in an office building or construction trailer, in the enclosed cab of a motor vehicle, or during a break period when all work has stopped. B. All persons on CITY property will wear an approved hard hat in good repair at all times, except when in an office building or construction trailer, in the enclosed cab of a motor vehicle, or during a break period when all work has stopped. Bump hats are not acceptable at any time. C. All persons on CITY property and in an area where the noise level exceeds 85db, must wear hearing protection that complies with ANSI S3.19 -74 (ear muffs and /or approved earplugs). This includes areas where noisy equipment is in use (i.e. jack hammers, electric or air drills, heavy equipment with open cabs, pipe cutting saw, etc.) and in the plant where posted. D. Sport or athletic -type style shoes are NOT considered a suitable work shoe and are not acceptable as work shoes at this location. E. Work conducted in an elevated position will require that: 1. Any person on CITY property working on or in an elevated location (four feet above ground level) and unprotected by handrails or guardrails must wear a safety belt or safety harness and be tied off with a lanyard to a fixed object or support that will restrict that person's fall to a "minimum distance." 2. Any person working from an electrical -line bucket truck will have in use the appropriate fall protection device. 3. Any person on a pole or tree will have in use the appropriate gaffs, belts, and /or harness. 4. Compliance with 29CFR 1910.269 is required. F. Any person on CITY property, in an area where tools are being used that cause or may cause flying particles or an area where there is a potential of excessive dust or airborne particles, must wear, in addition to and over the industrial safety glasses, either soft -sided goggles or a full face shield /protector, and the appropriate respiratory protection equipment. G. Where vehicular and /or pedestrian traffic is affected: 1. Maintenance of Traffic The CONTRACTOR shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the CONTRACTOR shall, at his own expense, provide and maintain suitable and safe detours or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic will not be required when the CONTRACTOR has obtained permission from the owner and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. 2. Barricades and Lights All streets, roads, highways, and other public thoroughfares, which are closed to traffic, shall be protected by effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section and all other positions required by applicable standards. All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed, and the work at all times shall be so conducted, as to cause the minimum obstruction and inconvenience to the traveling public. All barricades, signs, lights, and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway rights -of- way, as required by the authority having jurisdiction thereover. All CONTRACTOR owned or controlled vehicles and /or equipment, which will be operated on or within ten (10) feet of the roadway will be equipped with a minimum of one amber 360 degree Class I warning device. This device must meet minimum standards for utility construction purposes such as a minimum of 500,000 candlepower and visible from 360 degrees of mounting. The warning device(s) must be in operation at all times that a vehicle /equipment is on the roadway or within the ten (10) feet of runoff area and not in a "normal" travel status. 3. Damage to Existing Property The CONTRACTOR will be held responsible for any damage to existing structures, work, materials, or equipment because of his operations and shall repair or replace any damaged structures, work, materials, or equipment to the satisfaction of, and at no additional cost to, the CITY, unless otherwise addressed in the Agreement. III. TOXIC SUBSTANCES The CONTRACTOR shall be responsible for compliance with Chapter 442, Florida Statutes, "Toxic Substances in the Workplace" (Right -To- Know -Law) for its employees and the employees of any and all subcontractors the CONTRACTOR brings on or causes to be on the project site. The CONTRACTOR shall, between receiving the Agreement and coming on the project site to begin work, provide the CITY'S field representative with affidavits stating that ALL personnel the CONTRACTOR brings on, or causes to be on the project site, have been given training on any toxic substances said personnel will be working with or may be exposed to while working at the job site. The CONTRACTOR shall provide /give to the CITY'S field representative a copy of manufacturer's MSDS for ANY and ALL "Toxic Chemicals" used by or brought on the project site by the CONTRACTOR or subcontractor prior to the substance(s) being delivered to the CITY'S property. The CONTRACTOR and /or subcontractor must be provided MSDS(s) which is /are in the possession of the CITY upon receipt of a written request. The CITY may establish reasonable procedures for acting upon such requests to avoid interruption of normal work operations. Before any work shall begin, the CONTRACTOR shall arrange a meeting to advise CITY'S field representative about safety and any dangers CITY employees will be subjected to, due to the presence of chemicals on the project site. IV. TRENCHING AND EXCAVATION Trenching and excavation operations shall comply with the OSHA 29CFR 1926 Subpart P final rule. A. Where CONTRACTOR work may interfere with other utilities, the CITY shall be notified prior to encroachment unless otherwise addressed in the Agreement. B. The CITY has identified certain areas within its operations, which are regulated by OSHA 29CFR 1910 Subpart Z. If the CONTRACTOR'S work involves these affected areas, the CITY requires prior to commencement of CONTRACTOR work that applicable and acceptable written compliance programs and documented certification/qualifications be provided to the CITY, management, and safety personnel. V. CONTRACTOR OPERATIONS SHALL COMPLY WITH OSHA 29CFR 1910.269. Further CONTRACTOR operations shall comply with 29CFR 1910.252 and NFPA 51B for cutting and welding procedures. VI. CONTRACTOR SHALL, WITHIN THIRTY (30) CALENDAR DAYS of notification of award of Contract, and prior to commencement of work, provide to the CITY, the CONTRACTOR'S written safety compliance program(s). VII. CURRENT INDEPENDENT CERTIFICATION for any CONTRACTOR - provided bucket truck to be for the provision of services of this Agreement shall be provided to the CITY prior to use of said bucket truck. .------.1 OP ID TO A tt�._ ° R O � CERTIFICATE OF LIABILITY INSURANCE DA 11 /04, 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 Ileu of such endorsement(s). PRODUCER 407- 869 -0962 NA AR E Marilyn Praytor SIHLE INSURANCE GROUP, INC. 407 -774 -0936 PHONF 4 07-389 -3525 FAX 407 -389 -0425 P. O BOX 160398 (AIC, No, Ext) (AIC, No) ALTAMONTE SPRINGS, FL 32716 E-M AIL RESS MPraytor @sihle.com Allen Foster PRODUCER CUSTOMER IDI ALLST -6 INSURERS) AFFORDING COVERAGE NAIC f INSURED Allstate Paving, Inc. INSURERA Westfield Insurance Group 24112 5284 Patch Road INSURER B Bridgefield Employers Ins Co. 31267 Orlando, FL 32822 INSURER C INSURER D INSURER E 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 SIAM POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM1DDIYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CMM3145071 04/03/11 04/03/12 DAMAG ET( O Eaoccurr D ence) $ 100,000 CLAIMS -MADE I X OCCUR MED EXP (Any one person) $ 5,000 X Contractual Liab PERSONAL 8 ADV INJURY $ 1,000,000 X XCU GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP /OP AGG $ 2,000,000 7 POLICY DO , 1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _1,000,000 A X ANY AUTO CMM3145071 04/03/11 04/03/12 (Eaacaden[) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE A X HIRED AUTOS CMM3145071 04/03/11 04/03/12 (Per accident) $ A X NON OWNED AUTOS CMM3145071 04/03/11 04/03/12 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 5,000,000 EXCESS LIAB ,CLAIMS -MADE AGGREGATE $ 5,000,000 - _ DEDUCTIBLE X RETENTION $ 10,000 $ WORKERS COMPENSATION WCSTATUTH AND EMPLOYERS' LIABILITY X TORY LIMIT S I O- ER B ANY PROPRIETORIPARTNER/EXECUTIVE YIN 830 -46659 01/01/11 01/01/12 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I N 1 A (Mandatory In NH) Ryes des nder E L DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIP u O 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) Job RFB #11 -023 Dlsston Avenue Storm Water Improvements City of Clermont, Its elected officials and employees are named as additional insured for Automobile Liability and General Liability including Ongoing and Completed Operations where required by written contract The General Liability insurance evidenced by this certificate shall be (cont'd) CERTIFICATE HOLDER CANCELLATION CITYCLI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Clermont THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Attn. Wayne Saunders, City Manager AUTHORIZED REPRESENTATNE 685 W Montrose Street Clermont, FL 34711 7'r = , / i 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYCLI ALLST -6 PAGE 2 INSURE D'S NAME Allstate Paving, Inc. OP ID: TO DATE 11/04/11 Primary nd Non- Qontnbut to any other insurance available to the additional ial insured s) named above A Waiver o subrogation in favor of the City of Clermont, i its elected officials and employees applies to the Automobile Liability, General Liability and Workers Compensation policies where required bywntten contract. Policy Number: CI 1M3145071 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE PJLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the bllowmg COMMERCIAL GENERAL LIABILITY COVERAGE PAR1 A. Section II - Who Is An Insured is amended to in- B. With respect to the insurance afforded to these ad- clude as an additional insured any person or ditional insureds, the following additional exclu- organization for whom you are performing opera- sions apply bons when you and such person or organization This insurance does not apply to have agreed in writing in a contract or agreement that such person or organization be added as an 1. "Bodily injury", "property damage" or "personal additional insured on your policy Such person or and advertising injury" arising out of the ren- organization is an additional insured only with re- dering of, or the failure to render, any profes- spect to liability for "bodily injury", "property dam- sional architectural, engineering or surveying age" or "personal and advertising injury" caused, in services, including whole or in part, by a. The preparing, approving, or failing to pre - 1. Your acts or omissions, or pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- Lo` lull, bons, or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured engineering activities A person's or organization's status as an additional 2. "Bodily injury" or "property damage" occurring insured under this endorsement ends when your after operations for that additional insured are com- pleted a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than serv- ice, maintenance or repairs) to be per- formed 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 or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 33 07 04 Copyright, ISO Properties, Inc , 2004 Page 1 of 1 INSURE) Policy Number: CA1M31•5071 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETEID OPERATIONS This endorsement modifies insurance provided tinier the following COMMERCIAL GENERAL LIABILITY COVEFAGE PART A. Section 11 • Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person or organization when you and such person 1. "Bodily injury", "property damage" or or organization have agreed in writing in a "personal and advertising injury" caused, contract or agreement that such person or in whole or in part by the rendering of, organization be added as an additional in- or the failure to render, any professional sured on your policy Such person or organ- architectural, engineering. or surveying ization is an additional insured only with services, including: respect to liability caused, in whole or in part, by "your work" performed for that insured and included in the "products - completed oper a. The preparing, approving, or failing to prepare or approve, maps, shop ations" hazard. drawings, opinions. reports. surveys, The coverage afforded to the Additional In - field orders, change orders, or sured is solely limited to liability specifically drawing and specifications, and resulting from the conduct of the Named In- sured, which may be imputed to the Addi- b. Supervisory, inspection, archrtec- tional Insured tural, or engineering activities B. This endorsement provides no coverage to 2. Willful misconduct of, or for defects in Ma Qrlrlrtrnnal InceerarI fnr liability naiicari in J. ,ry„ r.., ,,i i . J IrJ, ii,. uJJlllv„ul I„ whole or in part, out of the claimed sured or its "employees ". negligence of the Additional Insured, other than which may be imputed to the Additional As a condition of coverage, the additional in- Insured by virtue of the conduct of the Named sured shall be obligated to tender the defense Insured and indemnity of every claim or suit to all C. With respect to the insurance afforded these other Insurers that may provide coverage to additional insureds, the following additional the additional insured. whether contingent, exclusion applies. excess or primary. Includes Copyrighted Material of Insurance Services Office, Inc , with Its permission CG 70 87 01 05 • Policy Number: C_' UM:H -15071 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE CONDITION AMENDED This endorsement modifies insurance provided unier the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART When required by written contract with any addi- to Exclusion g. of Section I - Cover- bona' insured owner. lessee, or contractor to age A provide insurance on a primary and noncontrib- utory basis. Condition 4. of Section IV - Commer- (4) If the loss is caused by the sole cial General Liability Conditions is deleted and negligence of any additional insured, replaced by the following owner, lessee, or contractor. 4. Other Insurance When this insurance is excess, we will have no duty under Coverages A or B to If other valid and collectible insurance is defend the insured against any "suit" if available for a loss we cover under Cover- any other insurer has a duty to defend ages A or B of this Coverage Part, our obli- the insured against that "suit " If no gations are limited as follows. other insurer defends. we will undertake to do so, but we will be entitled to the a. Primary Insurance insured's rights against all those other Thls Insurance Is primary and non- insurers contributory except when b. below ap- When this Insurance Is excess over other plies. insurance. we will pay only our share of b. Excess Insurance the amount of loss, if any. that exceeds the sum of This insurance is excess over any of the other insurance, whether primary, ex- (1) The total amount that all such other insurance would nay for the loss in the absence of this insurance, and (1) That is Fire. Extended Coverage, Builder's Risk, Installation Risk, or (2) The total of all deductible and self - similar coverage for your work," Insured amounts under all that other insurance (2) That is Fire insurance for premises rented to you or temporarily occu- We will share the remaining loss, if any, pied by you with permission of the with any other insurance that is not de- owner. or scribed in this Excess Insurance pro- vision and was not bought specifically to (3) If the loss arises out of the mainte- apply in excess of the Limits of Insurance nance or use of aircraft, "autos," or shown in the Declarations of this Cover - watercraft to the extent not subject age Part. CG 70 55 12 98 POLICY NUMBER C'1\1M3145071 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE P LICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER O RIGHTS OF RECOVERY AGAINST OTTERS TO US This endorsement modifies insurance provided undE the following COMMERCIAL GENERAL LIABILITY COVERAE PART PRODUCTS /COMPLETED OPERATIONS LIAEITY COVERAGE PART SCHEULE Name Of Person Or Organization: Any person or organization for whom you are req red in a written contract or agreement to include a waiver of transfer of rights of recovery against otars to us provided the "bodily injury" or "property damage" occurs subsequent to the execution of thEwritten agreement Information required to complete this Schedule if nt shown above will be shown in the Declarations The following is added to Paragraph 8 Transfer Of Ights Of Recovery Against Others To Us of Section IV - Conditions We waive any right of recovery we may have again the person or organization shown in the Schedule above because of payments we mdke for injury orlamage arising out of your ongoing operations or your work" done under a contract with that per_n or organization and included in the "products - completed operations hazard" This waiver applie only to the person or organization shown in the Schedule above V Insurance Services Office Inc 2008 CG 24 04A U5 U9 WORKERS COMPENSATION AND EMPLOYERS LIABILIY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyoe liable for an injury covered by thls policy. We will not enforce our right against the person or organizatlolnamed in the Schedule. (This agreement applies only to the extent that you perform work under a written catract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly benefit anyone not named in the Schedule. Schad° *Blanket Waiver of Sulogation Applies* This endorsement changes the policy to which it is attached ai is effective on the date issued unless otherwise stated. Date Prepared: December 16, 2010 Carrier: Bridgefield Employers Insurance Company Effective Date of Endorsement January 1, 2011 Policy Number. 830 -46669 Courersigned Insured: Allstate Paving, Inc. WC 00 03 13 (Ed. 4 -84) 'Includes copyright material of the National Council on Compensationlsurance, Inc. used with rts permission. Copyright 1983 NCCI° Polk) Number: CMINI3145071 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXPANDED PLUS COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. BUSINESS AUTO COVERAGE FORM CA 0001 SECTION II - LIABILITY COVERAGE. sub - IS MODIFIED AS FOLLOWS: paragraphs (2) and (4) of item A. 2. a. Cover- age Extensions, Supplementary Payments are SECTION II - LIABILITY COVERAGE, item A. deleted and replaced with the following 1 Coverage, Who Is An Insured is amended to include the following additional para- (2) Up to $5,000 for cost of bail bonds (in- graphs: eluding bonds for related traffic law vio- lations) required because of an d. Any legally incorporated subsidiary of "accident" we cover. We do not have to yours in which you own more than 50% furnish these bonds. of the voting stock on the effective date of this coverage form (4) All reasonable expenses incurred by the However, "Insured" does not include any "insured" at our request, including actual subsidiary that is an "insured" under any loss of earnings up to $500 per day be other liability policy or would be an "in cause of time off from work sured" under such a policy but for its SECTION II - LIABILITY COVERAGE, B. Ex- termination or the exhaustion of its limits elusions, 5. Fellow Employee does not apply of insurance if the "bodily injury" results from the use of a e. Any organization you newly acquire or covered "auto" you own or hire form, other than a partnership or joint SECTION III - PHYSICAL DAMAGE COVER - venture, and over which you maintain AGE is amended as follows ownership or a majority Interest , How- Item A. 4. Coverage, Covers a Extension Is ever. coverage under this provision 9 g deleted and replaced with the tollowing (1) Does not apply if the organization 4 Gvveraye exleiniuiu you acquire or form is an "Insured" under another liability policy or would be "insured" under such a a. Transportation Expenses policy but for its termination or the We will pay up to $50 per day to a exhaustion of its limits of insurance, maximum of $1,000 for transporta- tion expense incurred by you be- (2) Does not apply to "bodily injury" or cause of the total theft of a covered "property damage" that occurred "auto" of the private passenger type before you acquired or formed the We will pay only for those covered organization, and "autos" for which you carry either (3) Is afforded only for the first 180 days Comprehensive or Specified Causes after you acquire or form the organ- of Loss Coverage We will pay for ization or until the end of the policy transportation expenses incurred period, whichever comes first during the period beginning 48 hours after the theft and ending, regardless f. Any person or organization with whom of the policy's expiration, when the you agreed In writing in a contract. covered "auto" is returned to use or agreement or permit, to provide Insur- we pay for its "loss " ance such as is afforded under this pol icy b. Personal Effects This provision only applies if the We will pay up to $500 for the "loss" written contract or agreement has of your personal effects that are been executed or permit has been contained in a covered "auto" due to issued. prior to the "bodily injury" or the total theft of the covered "auto " "property damage" We will pay only for those personal effects that are contained in covered g. Any "employees" of yours while using a "autos" for which you carry either covered "auto" you do not own. hire or Comprehensive or Specified Causes borrow that "auto" of Loss Coverage CA 70 68 08 05 Page 1 of 3 Our payment for Toss of or damage trical system, in or upon the covered to personal effects will apply only on "auto ". an excess basis over other collect- ible insurance Item C. Limits Of Insurance, is amended to include the following Item A. Coverage, is amended to include the following additional coverage items. 3. For those businesses not shown in the Declarations as "auto" dealerships, the We will pay the expense of returning a stolen following provisions also apply. covered "auto" to you a. In the event of a total loss to a cov- 5. Hired Auto Physical Damage ered "auto ", secured by an original If Comprehensive, Specified Causes of lease or loan agreement, in which Loss, or Collision coverages are pro- the cost of repairs plus the salvage vided under this policy, then we will pro- value exceeds the actual cash value vide the same coverage(s) for those at the time of "loss ", the most we will "autos" that you lease, hire, rent or bor- pay is the greater of: row from others. The most we will pay (1) The actual cash value of the for any one "accident" or "loss" is $50,000 covered "auto" at the time of or Actual Cash Value or Cost of Repair, "loss ", or whichever is less. minus a deductible for each covered "auto" that is equal to the (2) The amount you owe under the largest deductible on the schedule of terms or the original lease or "autos" applicable to any owned "auto" loan agreement to which the for that coverage. No deductible applies covered "auto" is subject, re- to "loss" caused by fire or lightning duced by. 6. Fire Department Service Charge (a) Overdue payments and as- sociated financial penalties When a tire department Is called to save as of the date of "loss ", or protect a covered "auto ", its equip- ment, its contents, or occupants from a (b) The transfer or rollover of a covered cause of loss, we will pay up to previous outstanding lease $1,000 for your liability for fire depart- or loan balance from an- ment service charges other vehicle to the original (1) Assumed by contract or agreement ered loan for the cov- e prior to loss, or ered "aua to (2) Required by local ordinance (c) The dollar amount of any unrepaired damage which No deductible applies to this additional occurred prior to the date coverage of a total loss, in which the cost of repairs plus the sal - Under Paragraph B. Exclusions the following vage value exceeds the ac- is added. tual cash value, Mechanical breakdown does not apply to (d) All refunds paid or payable the accidental discharge of an airbag. to you as a result of the Item B. Exclusions, is amended to include the early termination of the followin lease or loan agreement or, g to the extent financed. as a Exclusions 4.c. and 4.d. do not apply to. result of the early termi- nation of any warranty or c. Cellular telephones and accessories extended service agree - used with such equipment, provided ment on the covered "auto ". such equipment is permanently in- stalled in the covered "auto" at the (e) Financial penalties imposed time of the "loss" or such equipment under the lease agreement is removable from a housing unit for high mileage, excessive which is permanently installed in the use or abnormal wear and covered "auto" at the time of the tear, and "loss', and such equipment is de (f) Nonrefundable security de- signed to be solely operated by use posits of the power from the "auto's" elec- CA 70 68 08 05 Page 2 of 3 Item D. Deductible is deleted and replaced SECTION IV - BUSINESS AUTO CONDITIONS with the following: is amended as follows D. Deductible Item A. Loss Conditions, 2. a. Duties In The Event Of Accident, Claim, Suit Or Loss Is For each covered "auto ", our obligation amended to Include the following paragraph: to pay for, repair, return or replace dam- This requirement applies when the "acci- aged or stolen property will be reduced dent," claim. "suit" or "loss" is first known to by the applicable deductible shown in the Declarations (1) You, if you are an individual, 1. Any Comprehensive Coverage (2) A partner, if you are a partnership, or deductible shown In the Declarations (3) An executive officer or insurance man - does not apply to "loss" caused by ager, if you are a corporation. fire or lightning The following is added to Item 5. Transfer Of 2. Any Collision Coverage deductible Rights Of Recovery Against Others To Us amount shall not apply to loss caused by collision between your We waive any right or recovery we may have " "auto", against any person or organization for whom "auto" auto and an other you are required in a written contract or than a covered "auto ", provided. agreement to include a waiver of transfer of a. The loss to the covered "auto" rights of recovery against others to us, be- is greater than the deductible cause of payments we make for injury or amount, and damage done under a contract with that per- son or organization. b. The owner or operator of such Item B. 2. General Conditions, Concealment, other "auto" has been identified, Misrepresentation Or Fraud is amended to and include the following additional paragraph c. The owner or operator of such If you unintentionally fall to disclose any haz- other "auto" is legally liable for arc's existing at the Inception date of your the loss to your covered "auto," policy, we will not deny coverage under this and Coverage Part because of such failure d. There is a valid Property Dam- Item B. 7. General Conditions, Policy Period, age Liability Insurance Policy Coverage Territory is amended to include the applicable at the time of the ac- following additional paragraph cadent with respects to the per- e. For short-term (30 days or less) hlred con or organization legally autos, the coverage territory is anywnere responsible for such loss to the in the world, provided that if the in- covered "auto " sured's responsibility to pay damages is 3 No deductible shall apply to glass determined in a "suit," that "suit" is damage if the glass is repaired brought in the territory described in items 7.a. - d. rather than replaced CA 70 68 08 05 Page 3 of 3 r