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HomeMy WebLinkAboutPW14-204 - Supplement - #1 - WA State Dept of Transportation - Kent Regional Trail Connector - 01/16/2014 i Records anagemekn a# KENT Document WASHINGTON I CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. I Vendor Name: Shearer Design LLC Vendor Number: ID Edwards Number Contract Number: WJJA-'L04w This is assigned by Ci y Clerk's Office Project Name: Kent Regional Trail Connector Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering i Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2014 so the Consultant can continue to provide consultation services into construction of the project. I S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 i I KEN" Was. o,�N Agenda Item: Consent Calendar - 7E(3) TO: City Council DATE: December 10, 2013 SUBJECT: Kent Regional Trail Connector Consultant Agreement with Shearer Design for Structural Engineering Services - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Shearer Design in an amount not to exceed $34,847.00 to provide structural engineering services for the Kent Regional Trails Connector Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Public Works Department competed for and was successful in obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project. This project will construct a new, multi-use trail connecting the existing Green River Trail to the Interurban Trail. The trail location will be adjacent to the Green River Natural Resources Area and will include the installation of rectangular rapid flashing beacons at 64't' Avenue and 72 d Avenue and a new pedestrian signal at the crossing of West Valley Highway. A new pedestrian/bicycle bridge will be constructed across Mill Creek on the east end connecting to the Interurban Trail. This project will require the services of a structural engineer to design a new bridge over the drainage ditch adjacent to the Interurban Trail, and Public Works staff would like to retain the services of Shearer Design to perform this work, EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee YEA: Higgins - Ralph - Albertson NAY: BUDGET IMPACTS: Funding for this work will be provided by a federal grant from Federal Highway Administration (FHWA) for $1,125,368.00. The City's funding match will be $175,635.00. i I I Washington State �AllIft ' Department of Transportation Supplemental Agreement Organization and Address pp � Shearer Design LLC Number 1 3 613 Phinney Ave.N., Sir ite A Seattle, WA 98103 Original Agreement Number LA 8128 Phone: (206) 781-7830 Project Number Execution Date Completion Date CM-0615 008 1/16/2014 12/31/2014 Project Title New Maximum Amount Payable Kent Regional TraiI Connector $ 34,847.00 Description of Work The scope of work remains the same,however an extension in time is necessary to allow consultation services into construction of the project. The Local Agency of City of Kent desires to supplement the agreement entered into with Shearer Design LLC and executed on 01/16/2014 and identified as Agreement No. LA 8128 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: The,scope. f work rema • the same. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Alt 1/14 III � Section V, PAYMENT, shall be amended as follows: The maximum pay4nic.rnl arnount rearinins the same as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: T7avi shearer By: Suzette Cooke Ma)Eor Y / Consultant Signature 'Approving Authority Signature DOT Form 140-063 EF ate Revised 9/2005 i I ® DATE IMMdeo"YYY) AC"Ra CERTIFICATE OF LIABILITY INSURANCE 1l13t2014 IIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER.THE COVERAGE AFFORDED BY THE POLICIES ;.. BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CO TACDCTT NAME: Micha —1 J Hah&CGmnany Michael J Hall&Com an PHONE - p y D Ext:3) 6n- -37DD AID No: Hall and Company EMAIL 19660 10th Ave NE AaoREssoerffcates 11 andcompaly.c9 I POUIsb0 WA 98370 INSURERLS)AFFORDING COVERAGE NAIC9 ' _ INSVRERA•Hartford DaStJattys$.ilranCa CO _ _ INSURED 12609 INSUREut B'N aVlgat0l'S IDSllranca CQIy7panV -_ Shearer Design LLC INSURER 3613 Phinney Ave N#A INSURERD: Seattle WA 98103 _INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1907077119 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 , ADDLSUERiT - POLICYEFF POLICY EXP LIMITS IN 7ypE OF INSURANCE INSR WVDI POLICYNUMBER MMtDDJYYYY MMIDDNYYY A GENERAL LIABILITY 52SBAIJ6571 /812014 /9/2015 EACH OCCURRENCE _ 32,000,000 A AG ENTEO X COMMERCIAL GENERAL LIABILITY PRE ISES Ea acm poa $300,000 CLAIMS-MADE rI OCCUR MED EXP(Any oneperson) $10000 X OCP/XCU/BFPD PERSONAL B ADV INJURY $2,000,000 X Separation lnsds GENERAL AGGREGATE SLGOO,DOD _ / GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPIOPAGG $4.00%000 ` POCY X PRO- LOC LI $ A AUTOMOBILE LIABILITY 528BAIJ6571 9(2014 192015 Eaaoddeni1_._ $2000000__ _ ANYAUTO BODILY INJURY(Per person) $ _ ALL OWNED SCHEDULED BODILY INJURY(Peracddene $ AUTOS AUTOS -- ---- H X NON-OWNED Pe�acGtlentOAMAGE $ HIREDAUTOS AUTOS - -- UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 4101 XCESS LIAR CIAIM_S-MADE AGGREGATE __ �S._ _ NETENTIDN$ $ WC STATU- OTH- ,A WORKERS COMPENSATION S2SBAIJ6571 {9/2014 /912015 TpRY LIIvj WASWp Gap AND ROPRI EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE❑ NIA EL EACH ACCIDENT $1,000,000 OFFICERlMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $7,000A00 If yes,describe under DESCRIPTION OF OPERATIONS blow E.L.DISEASE-POLICY LIMIT $1,000,000 e 1"C"ne"dom"Hed- :Claims Made M14DPLO115201V 1/11/2014 /11/2015 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS)LOCATIONS(VEHICLES (Attach ACORDIOLAdeltional Remarks Schedtla,Carom space is required) Project/Job Name: Regional Trail Connector Bridge, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake _ 400 West GOWe AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010105) The ACORD name and logo are registered marks of ACORD Shearer Design LLC - The Hartford Policy# 52SBAIJ6571 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control Is being exercised for any (1) "Bodily injury" or "properly damage" purpose by you, any of your that occurred;or "employees", "volunteer workers"' (2} "Personal and advertising Injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture}, or any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to"mobile equipment"registered In "volunteer worker"), or any organization your name under any motor vehicle registration white acting as your real estate manager, law, any person is an insured white driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an Insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily Injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, . only with respect to duties as such. That rented to, In the charge of or occupied by, representative will have all your rights and you or the employer of any person who is duties under this insurance, an Insured under this provision. o. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an in the watercraft, and only insurance of any kind is available no other to that insured under this insurance is also an person or organization for this liability. Insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there Is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision Is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional ' or form the organization or the end of the insureds when you have agreed, In a written policy period,whichever is earlier;and Foam 85 00 08 04 05 Page 11 of 24 The Hartford BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (ay Any failure to make such permit Issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the Injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the Issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connect on with the sale of the additional insured under this provision If such person or organization is included as an product; additional Insured by an endorsement Issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons of organizations added or relabeled or used as a as additional insureds under the specific container, part or Ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages, the vendor;or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s)or organization(s)(referred to below as vendor), but only with respect to negligence of the vendor for its own acts or of "bodily injury" or "property damage" arising eans or those out of"your products" which are distributed its employeess o orr anyone else acting on its behalf. However, this or sold in the regular course of the vendors exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" Included within the . Subparagraphs(d)or(9; or "products-completed operations hazard". (it) Such inspectiohs, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement, or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any physical or chemical change injury", "prope ty damage" or in the product made Intentionally by the vendor; "personal ' and advertising injury" caused, in whole or In part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form 88 00 08 04 05 iI BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment, performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit, whom you lease land or premises, but (2) With respect to the Insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to; of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or Insurance does not apply to: municipality;or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e, above, but only with behalf of such person or respect to liability for "bodily injury"; organization. "property damage" or "personal and d. Architects,Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury' caused, in whole (a) In the performance of your or In part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you;or (a) In connection with your premises; (e) In connection with"your work"and or included within the "products- (b) In" the" performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional Insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily Injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you,including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily Injury", "property damage" or reports, surveys, field orders, "personal and advertising Injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services,including: activities, I Form SS 00 08 04 05 Page 13 of 24 i i i BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a, or 2.b above, whichever activities, applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses In Section E.—Liability And Medical Expenses because of "bodily Injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown In the Declarations. i respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2,b, above, the most we will pay for company that Is not shown as a Named Insured In the sum of all damages because of all the Declarations. "personal and advertising Injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown In the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage"to any one premises, while b. Claims.made or"suits"brought; or rented to you,or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Promises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard"is damage results from fire, lightning or explosion the Products-Completed. Operations or any combination of these, Aggregate Limit shown In the 0. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on be of a person or organization who is an additional insured Injury", "property damage" or "personal and advertising injury", Including medical under this Coverage Part is the lesser of: expenses, Is the General Aggregate Limit a. The limits of insurance specified In a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political subdivision; or separately to each of your "locations" owned by or rented to you. b, The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or promises Such amount shall be a part of and not In whose connection Is interrupted only by a additlon to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 06 i BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit', the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit'. However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above. (3) Cooperate with in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit";and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting with the beginning of the policy period shown in the enforcement of any right against any Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable to the insuredowhich this insurance because of injury months. In that case, the additional period will be or damage deemed part of the last preceding period for purposes may also appllyy whi. of determining the Limits of Insurance, d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that Insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of a. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional Insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional insured must see to other insurer for defense and Indemnity. it- that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result In a claim. To written contract, written agreement or the extent possible, notice should Include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" Insured's own insurance. or offense took place; f. Knowledge Of An Occurrence,Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses;and Paragraphs a, and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, Claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" Is brought an Individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable, manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The Insured O Any elected or appointed official,if you or an additional insured is a political You and any other Involved Insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 I i BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance j insurance required by that law. b. With respect to "mobile equipment" to a other valid and collectible insurance is which this insurance applies, we will available fora loss we cover under this provide any liability, uninsured motorists, Coverage Part, our obligations are limited as follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Lega(Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. below. this Coverage Form: a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the Insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That Is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That Is fire, lightning or explosion this Insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the Insured and the claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is Insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned to you or temporarily occupied by you damage" to premises rented in this policy to the first Named Insured, this with you or th permission of the owner; insurance applies: w a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured;and If the loss arises out of the maintenance b or use of aircraft, "autos"or watercraft to . Separately to each insured against whom a claim is made or"suit"Is brought, the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: if the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A.— representations you made to us;and Coverages. Page 16 of 24 Form SS 00 08 04 05 i BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this Insurance is excess over other Additional insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or Insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other Insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other 'insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary If you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance Insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below, applicable.limits of insurance of all Insurers, (b) Primary And Non-Contributory 0. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written if the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this Insurance Is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The Insured must do insurance, this insurance . is nothing after loss to impair them. At our primary and we will not ,seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us Insurance, enforce them. This condition does not Paragraphs(a) and (b)do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. W if the insured has waived any rights of When this insurance Is excess, we will have no du under this Coverage Part to recovery against any person or �' g organization for all or part of any payment, defend the Insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against —. so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. I Form SS 00 08 04 05 Page 17 of 24 I COMMON POLICY" CONDITIONS Ali coverages of this policy are subject to the following conditions, A. Cancellation (6) Failure to: 1. Tire first Named insured shown in the (a) Furnish necessary heat, water, Declarations may cancel this policy by mailing sewer service or electricity for 30 or delivering to us advance written notice of consecutive days or more, except " cancellation. during a period of seasonal unoocupancy; or 2. We may cancel this policy by mailing or delivering to the first Named Insured written (b) Pay property taxes that are owing notice of cancellation at least: and have been outstanding for more than one year following the a, 5 days before the effective date of date due, except that this o cancellation if any one of the following provision will not apply where you d conditions exists at any building that is are In a bona flue dispute with the Covered Property in this policy: o taxing authority regarding payment N (1) The building has been vacant or of such taxes, m unoccupied 60 or more consecutive ry b, 10 days before the effective date of o days, This does not apply to: cancellation if we cancel for nonpayment o (a) seasonal unoccupancy; or of premium. {b} Buildings in the course of c, 30 days before the affective date of F construction, renovation or cancellation if we cancel for any other addition. reason. Buildings with 65% or more of the rental 3. We will mail or deliver our notice to the first units or floor area vacant or unoccupied Named Insured's last mailing address known are considered unoccupied under this to us. provision. 4. Notice of cancellation will state the effective (2) After damage by a Covered Cause of date of cancellation. The policy period will end Loss, permanent repairs to the on that date. building: 6. If this policy is canceled, we will send tine first (a) Have notstarted; and Named Insured any premium refund due, — (b) Have not been contracted for, Srsafi refund will be pro rasa. The cancellation within 30 days of Initial payment of will be effective even if we have not made or loss offered a refund, (3} The building has: 6._ if notice is mailed, proof of mailing will be sufficient proof of notice. (a) An outstanding order to vacate; y. If the first Named Insured cancels this policy, (b) An outstanding demolition order; we will retain Ile less than $100 of the — or premium, . (a) Been declared unsafe by N, Changes governmental authority. This policy contains all the agreements between you (4) Fixed and salvageable Itoms have and us concerning the insurance afforded. The first been or are being removed from the Named Insured shown in the Declarations is building and are not being replaced. authorized to make changes in the terns of this policy This does not apply to such removal with our consent. This policy's terms can be that is necessary or incldenml to any amended or waived only by endorsement issued renovation or remodeling. by us and made a part of this policy, � I i I Form Su 60 66 12 06 Page 1 of 3 a 2006,The Hartford i COMMON POLICY CONDITIONS C. Concealment, Misrepresentation Or Fraud 1, Premiums This policy is void in any case of fraud by you as it 1. The first Named Insured shown in the relates to this policy at any time. It is also void if you Declarations: or any other insured,at any thus,intentionally conceal a, is responsible for the payment of all or misrepresent a material fact concerning: premiums; and 1. This policy; b, Will be the payee for any return premiums 2, The Covered Property; we pay. 3. Your Interest In the Covered Properly; or 2. The premium shown in the Declarations was 4. A claim under this policy, computed based on rates in effect at the time p. Examination Of Your Books And Records the policy was issued. If applicable, on each renewal, continuation or anniversary of the We may examine and audit your books and effective date of this policy, we will compute records as they relate to the policy at any time the premium In accordance with our rates and during the policy period and up to three years rules then In effect. afterward. 3. With our consent,you may continue this policy F, Inspections And Surveys in force by paying a continuation premium for We have the right but are not obligated to; each successive one-year period. The 1. Make inspections and surveys at any time; premium must be: a. Paid to us pdorto the anniversary date; and 2, Give you reports on the conditions vie find; and b. Determined in accordance with Paragraph 3. Recommend changes. 2.above. Any Inspections, surveys,. reports or our forms then in effect will apply. If you do recommendations relate only to insurability and the not pay the continuation premium, this policy premiums to be charged. We do not make safety will expire on the first anniversary date that we inspections. We do not undertake to perform the duty have not received the premium, of any person or organization to provide for the health or safety of any person, And we do not represent or 4. Changes in exposures or changes in your warrant that conditions; business operation, acquisition or use of locations that are not shown in the Declarations 1, Are safe or healthful; or may occur during the policy period. If so,we may 2. Comply with laws, regulations, codes or require an additional premium. That premium will standards, be determined in accordance with our rates and This condition applies not only to us, but also to rules then in effect, any rating, advisory, rate service or similar J, Transfer Of Rights Of Recovery Against Others organization which makes insurance inspections, To Us surveys, reports or recommendations. Appifoable to Property Coverage: F. Insurance Under Two Or More Coverages If any person or organization to or for whom we If two or more of this policy's coverages apply to make payment under this policy has rights to the same loss or damage, we will not pay more recover damages from another, those rights are than the actual amount of the loss or damage. transferred to us to the extent of our payment ± , Liberalization . That person or organization must do everything f we adopt an revision that would broaden the necessary to secure our rights and must do p Y nothing after loss to impair them. But you may coverage under this policy without additional waive your rights against another party in writing: premium within 45 clays prior to or during the policy period, the broadened coverage will immediately i• Prior to a loss to your Covered Properly. apply to this policy. 2, Alter a loss to your Covered Property only if, at W, Other Insurance -Property Coverage time of loss,that party Is one of the following: If there is other insurance covering the same loss a, Someone insured by this Insurance; or damage, we will pay only for the amount_ of b, A business firm: covered loss or damage to excess of the amount (1) owned or controlled by you;or due from that other insurance, whether you can collect on it or not, But we will not pay more than (2) That owns or controls you; or the applicable Limit of insurance. Page 2 of 3 Form 88 00 06 12 06. ® COMMON POLICY CONDITIONS y c. Yourtenant. L. Premium Audit You may also accept the usual bills of lading or a. We will compute all premiums for this policy in shipping receipts limiting the liability of carriers, accordance with our rules and rates. This will not restrict your Insurance, b. The premium amount shown in the K. Transfer Of Your Rights And Duties Under This Declarations is a deposit premium only. At the Policy close of each audit period we will compute the Your rights and duties under this policy may not be earned premium for that period. Any transferred without our written consent except In of th au premium found payable due as a result the case of death of an individual Named Insured. th the audit are due and . Ifh notice to the firsf Named Insured. 1f the deposit � If you die, your rights and duties will be transferred premium paid for the policy term is greater to your legal representative but only while acting than the earned premium, we will return the a, within the scope of duties as your legal excess to the first Named Insured. e representative. Until your legal representative is c. The first Named Insured must maintain all appointed, anyone having proper temporary records related to the coverage provided by N custody of your property will have your rights and this policy and necessary to finalize the o . duties but only with respect to that property. premium audit, and send us copies of the same upon our request. m 0 N u N ul N b aOur President and Secretary have signed this policy. Where required by law,the Declarations page has also been countersigned by car duty authorized representative. . a ya Donald C:HuN,Secraary Juan Anrnada,President ' I Form 83 00 06 12 06 Page 3 of 3 SUPER STRETCH SUMMARY I SUMMARY OF COVERAGE LIMITS This Is a summary of the Coverages and the Limits of Insurance provided by the Super Stretch Coverage form d SS 04 74 which is Included In this policy. No coverage is provided by this summary. Refer to coverage form M SS 04 74 to determine the scope of your insurance protection. The Limits of Insurance for the fallowing Additional Coverages are in addition to any other limit of Insurance provided underthis policy: Blanket Coverage Limit of Insurance:$150,000 n Blanket Coverages Accounts Receivable- On/Off Premises N Computers and Media o Debris Removal - o Personal Property of Others o Temperature Change * Valuable Papers and Records-On/Off Premises i _ Coverage Limit Brands and Labels Up to Business Personal Property Limit Claim Expenses $ 10,000 Computer Fraud $5,000 Employee Dishonesty (Including ERISA) $25,000 Fine Arts $25,000 Forgery $25,000 Laptop Computers-Worldwide Coverage $10,000 Off Premises Utility Services—Direct Damage $25,000 Outdoor Signs Full Value. _ Pairs or Sets Up to Business Personal Property Limit Property at Other Premises $10,000 Salespersons' Samples $ 5,000 Sewer and Drain Back Up Included Up to Covered Property Limits Sump Overflow or Sump Pump Failure $25,000 = Tenant Building and Business Personal Property $20,000 Coverage-Required by Lease Transit Property in the Care of Carriers for Hire $ 10,000 Unauthorized Business Card Use $ 5,000 Form SS 84.15 09 07 Page 1 of 2 O 2007, The Hartford I' The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: I Coverage Limit Newly Acquired or Constructed Property—180 Days j Building $1,000,000 Business Personal Property $500,000 Business Income and Extra Expense $500,000 Outdoor Property $25,000 aggregate/$1,000 per item Personal Effects $25,000 Property Off-Premises $25,000 The following changes apply only If Business Income and Extra Expense are covered under this policy. The Limits of Insurance for the following Business Income and Extra Expense Coverages are In addition to any other Limit of Insurance provided under this policy, Coverage Limit Business Income Extension for Off-Premises Utility Services $25,000 Business Income Extension for Web Sites $50,00017 days Business Income from Dependent Properties $50,000 The following Limit of Insurance for the following Business Income Coverage Is a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit Extended Business Income 90 Days The following changes apply to Loss Payment Conditions: Coverage Limit Valuation Changes Commodity Stock Included "Finished Stock" Included Mercantile Stock- Sold Included I Page 2 of 2 Form SS 8415 09 07