HomeMy WebLinkAboutPW15-201 - Original - Shearer Design, LLC - Lakeside Blvd Pipe Arch Load Rating - 05/28/2015 ecords eme
KENT Document
ent
WAS HIN40TON
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.
Vendor Name: Shearer Design, LLC`
Vendor Number:
JD Edwards Number
Contract Number: yyy 15- f
This is assigned by City Clerk's Office
Project Name: Lakeside Blvd. Pipe Arch Load Rating
Description: ❑ Interlocal Agreement ❑ Change Order ❑Amendment ® Contract
Other:
Contract Effective Date: 5/28/15 Termination Date.: 9/30/15
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ken Langholz Department: Engineering
Contract Amount: $9,355.20
Approval Authority: (CIRCLE ONE) Department Direct Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide engineering services to the city of Kent for load rating of the pipe arch at
Lakeside bled.
As of:08/27/14
KEN T
W A 5 HI N G T O N
CONSULTANT SERVICES AGREEMENT
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between the City of Kent and
Shearer Design, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"),; and Shearer Design, LLC organized under the laws of the State of
Washington, located and doing business at 3613 Phinney Ave. N. #B Seattle, WA 981031,
Phone: (206) 781=7830/Fax: (206) 281-1751, Contact: David Shearer (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans`and/or specifications:
The Consultant shall provide engineering services to the City of Kent for load rating
of the pipe arch at Lakeside Blvd. For a detailed description, see Exhibit A Which is
attached and incorporated by this reference.
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Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by September 30, 2015
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Nine Thousand Three Hundred Fifty Five Dollars and twenty cents
($9,355.20), for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded Without the prior written authorization of the City in the
form of a negotiated and executed amendment to this agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for a period of one :(1)1 year from the
effective date of this Agreement. The Consultant's 'billing rates shall be as
delineated in Exhibit A.
B. The Consultant` shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
CONSULTANT'SERVICES AGREEMENT - 1
(Under$10,0100)
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Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an`invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. ,- In that event, the parties will immediately make every, effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this.Agreement:
B. The Consultant maintains and 'pays for its own place of business from which.
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary, tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier(UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the, Consultant or subcontractor shall :not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any`sensory, mental,. or physical disability,
discriminate against any person who is qualified and available'to perform the-work to whichthe
employment' relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees,Iagents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's` performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should:a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, Jts officers, officials;1 employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW,' SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES 'FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.'
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall` procure and maintain for the duration of the
Agreement, ,insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City Ito the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT` OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3'
(Under$10,000)
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the<contract work and shall utilize all protection necessary
for that purpose. All work'shall be done at Consultant's own <risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors 'and 'consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. 'Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this 'Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and-construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, ':difference or claim' arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules 'and jurisdiction of the King County Superior Court,
King County, Washington, unless the 'parties agree in,writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each` party shall pay all its legal'costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification°under Section VII of this Agreement.
D. Written' Notice. All communications regardingthis Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given' if sent to
the addressee !a;t the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment,, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall ,be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
toget
her
this Agreement, to
G. Entire Agreement. The written provisions and terms oft s _g
with any Exhibits attached hereto, shall supersede a: 11 prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into orforming a part of or altering in any manner this Agreement. All of the above
documents are hereby made`a part of this Agreement. However, should any language in any of
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant'agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CIT F ENT:
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By By
ignature) signature)
f�
, � Timothy J. LaPorte P.E.
� � Print Name
Prin
t Name.,,. � � �� y ,
Its: Its: Public works Director
��
(title)
DATE: DATE:
NOTICES TO BE SENT TO: " NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
David Shearer Timothy J. LaPorte, P.E.
Shearer:Design,>LLC City of Kent
3613 Phinney Ave. N. #B 220 Fourth Avenue South
Seattle, WA 98103 Kent; WA 98032
(206) 781-7830 (telephone) (253) 856-5500 (telephone)
206 281-1751 facsimile (253) 856-6500 (facsimile)
[In this field,you may enter the electronic filepath where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Under$1 of 000)
' C I
DECLARATION
CITY OF'KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or'supplier on this`specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it wiil be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for. all or part of the Agreement;
The questions areas follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively.,consider hiring and
promotion, of women and minorities.
5. Before,acceptance of this Agreement, an adherence statement''will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set'forth
s
above.
By sig below, T,,agree to fulfill the five requirements referenced above.
By
For: C � S�
Title
Date
I
EEO COMPLIANCE DOCUMENTS - 1
z
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER 1.2 EFFECTIVE DATE: January i, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of"Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.'
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective' departments. -
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the 'before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date) between the firm I represent and the City.of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title
Date
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EEO COMPLIANCE DOCUMENTS - 3
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da
EXHIBIT A
S1111FARIERVESIGto 01111111f SHEARER DESIGN LLC.
Bridge Design,Construction Engineering and infrastructure Aesthetics
3613 Phinney Ave N#B
Seattle,WA 98103
May 3,2015 (206)781-7830
City of Kent Public Works
400-West Gowe
Kent WA,98032
Subject:"The Lakes" 'Lakeside Blvd Pipe Arch Load Rating
Attn:Ken Langholz.
Dear Ken:
We are happy to provide continued engineering services to the City of Kent for Load rating of the pipe arch
at Lake
side Blvd. The following scope of services details the engineering for this project.
Task 7 —Load Rating
This task shall provide a load rating report of the existing structure for the City Records and the`WSDOT
structures inventory. The load rating shall be completed in accordance with the WSDOT BDM Chapter 13
and the AASHTO Manual for bridge evaluation(current edition).'
Deliverables:
• Road Rating report
Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this project..We
look forward to working with you again on this exciting project. If you have any questions please feel free
to call.
Sincerely,
David R.r Shearer S.E.
Principal Bridge Engineer
SHEARER DESIGN"
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1
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11SHEARERSERVERID-DriveIADMIN1Job ContractslC-0275 Kent Culvert Load Rating10275 Kent Culvert Load Rating Scope.dorm
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EXHIBIT"B„
COMPENSATION
Shearer Design LLC. Task Estimate
Shearer Design (206)781-7830
Project The Lakes Subdivision Pipe Arch Load Rating
Date` 5/12/2015 City of Kent Ken Langholz
Prepared By DRS 253 856-5516'
Senior Project Staff
Principal Engineer Engineer Engineer
$132.00 $110.40 $94.20 $81.60
Shearer S.E Doherty Lindstrom Pruitt
Task 1 Load Rating
1.4 TS&L'Report :. 14 G8 p
9.......:,,,.....
Model Structure 2 20
Loading 2 24
Rating Calculations 12
..Summary Report 12
Q.C. 10
Sub Totals 14 Be 0 0
Billing Rates $132.00 $110.40 $94.20 $81.60
$1,848.00 $7,607.20 $0.00 $0.00 « Sum totals Total Billing A $9,355.20
Quantity Rate Total
Mileage 1 0 $0.55 $0.00 -
Film,Plotting,postage Included in O.H.Rate
Cad Plotting 12 Sheets @$40 es
Expense Total $0.00 Expenses B $0.00
Subconsultants C $0.00
Subconsultants $
Total A+B+C $9,355.20
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Shearer Design LLC -
Professional Services Agreement
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form`CA 00 01 or a
substitute form providing equivalent'liability coverage. If
necessary, the policy shall be endorsed to provide
contractual `liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG!00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations', personal injury and
advertising injury, and liability, assumed under an insured
contract. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy
with respect to the workperformed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent`coverage.
3. Workers Compensation coverage as required bye
Industrial Insurance' laws of the State of'Washington.
4. Professional Liability insurance appropriate to the
Consultant's profession.
EXHIBIT B (Continued)
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1 000000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate and a $1,000000 products-completed
operations aggregate limit.
3. Professional` Liability insurance shall be written with limits no
less than $2,000,000 per claim and $2,O00,000 policy
aggregate limit.
C. ` Other Insurance Provisions
The insurance policies are to contain', or be endorsed'to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance,'self .insurance,. or insurance;pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it
2. TheConsultant's insurance shall be endorsed to state that coverage shall
not be; cancelled;by either party, except after thirty (30) days'prior
written notice by certified mail, return receipt, requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except 'Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City,as
additional insured shall be attached to the Certificate of Insurance. The
Cit res y reserves the right to receive a certified copy of ail required insurance
-
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than AVII
EXHIBIT B (Continued)
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements,'including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the.Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated:herein for the Consultant.
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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 "property damage"
purpose by you, any of your that occurred;or
"employees", "volunteer workers",
any partner or member(if you are (2) "Personal and advertising injury
a partnership or joint venture), or arising out of an offense committed
any member (if youare 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
while acting as your real estate manager. law, any person is an insured while 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, buti only with respect to liability
temporary,custody of your property if you arisingout of the operation of the a ui ment and
die,but only: ( only ino other insurance of any kind 5 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
p
(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 empioyer of any person who is
duties under this insurance, p . . n-
an insured under this rovisio
e. U-nnamed 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 fora 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
organization responsible for the: conduct of
The insurance afforded herein for an , . 1
y such person is also an insured but only with
subsidiary s a respect to liability arising out of the op
ub��diary not shown in the Declarations � ' station
as a named insured does not apply to of the watercraft, and only if not other'
injury or damage with respect to which an insurance of any kind is available to that
insured under this insurance is also an
'-insured under another policy or would be person or organization for this liabi ity:
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
. Newly Acquired Or Formed Organization person operating the watercraft;or
Any organization you newly acquire or form b. rented a in the charge e operty`owned by,
other than -a partnership, joint venture or g for 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 Agreerrrent Or
available to that organization. However: Permit
a." Coverage under this provision is afforded The persons) 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
Form SS 00 06 04 05 Page,11 of 24
The Hartford
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because*of a` (ey Any failure 1to make such
permit issued by a state or politicaG .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 (fl Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit.
except such operations performed
at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
dditional insured under this provision if such
a product;
person or organization is included as an
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 or organizations,added or relabeled or used as a
container, part or ingredient of any
as additional insureds under the specific -
additional insured coverage grants in Section other thing or substance by or for
F;—Optional'Additional Insured Coverages. the vendor;or
(h) "Bodily, injury's or „pro
a Vendors perty'
damage" arising out of the
Any person(s)or organization(s) (referred to sole
below as vendor), but only with;respect to negligence of the vendor for its
"bodily injury" or "property damage" arising' own acts or omissions or those of
its employees or anyone else
out of"your:products" which are distributed
acting on its behalf. However,this
or sold in the.regular course of the vendor's
business' and only if this Coverage Part exclusion does not apply to:
W The exceptions contained in
provides coverage for bodily injury or
"property' damage" included within the Subparagraph (d)or(f);or
"products-completed operations hazard". (H) Such inspections, 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
undertakes to make,in the usual
exclusions:
course of business, in
This insurance does not apply to: connection with the distribution
(a) "Bodily injury" or "property or sale of the products.
damage"
to a h the vendor is (2) This insurance does not apply to any
damage" for which, damages by
obligatedpay 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", "property damage" or
in the product made intentionally "personal and advertising injury"
b the vendor;
y 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 Farm SS 00 08 04 05
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 r 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, Ibut only with
behalf of such person or respect to liability for "bodily injury
organization. "property damage" or,"p rsonal'and
d ' Architects,Engineers Or Surveyors advertising injury" caused, in whole or
in part, by your acts or omissions or
(1) Any architect, engineer,or surveyor, but 1
only.with respect to liability,for "bodily
the acts or omissions of those acting
injury', on your behalf:
property`damage or personal
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; (c) In connection with"your work"land
or included within the "productsd
(b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf. (i) 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.
Form SS.00 08 04 05' Page 13 of 24
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 r 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
the Declarations.
insurance is available to an additional insured
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.
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 r all damages because of all
the Declarations. "personal and advertising injury" sustained by
. LIA ILITY AND MEDICAL`EXPENSES any one person or organization is the Personal
and Advertising Injury Limit shown in the
LIMITS OF INSURANCE Declarations.
1. The Most We Will Pay 5. :Damage To Premises Rented T®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,
g
c.' Persons or organizations making claims or lightning or explosion, while rented to you or
bringing"suits". temporarily occupied by you with permission of
the owner.
2. Aggregate Limits
The most we will pay for: In the case of damage by fire, lightning or
explosion,the Damage to Premises Dented To
a. Damages because of "bodily,injury" and You Limit applies to all damage proximately
roe damage" included in the y ' ,' ther such
p p �Y 9 caused 'b the same event whe
"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 6. 'How Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury". "property .damage" or "personal organization whoa: is an additional insured
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
separately to each of your "locations
subdivision; or 1
owned by or rented to you. be' The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition 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 05
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 us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply, against the"suit'";and J
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 enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will-be may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance. d. Obligations A#The Insured's Own Cost
No lns E. LIABILITY AND MEDICAL EXPENSES xceP at insured's own
cost, voludntaril emake a,payment, assume
GENERAL CONDITIONS Y
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of e. 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
other insurer for defense and indemnify.
You or any additional insured must see to
it- that we are notified as soon as However, this provision does not apply ito
the extent that yo
practicable of an "occurrence" or an 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 6 An elected or appointed official if you
O y Pp ,
Insured 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
BUSINESS LIABILITY COVERAGE FORM
This Paragraph L 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 I 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
insurance required by that law. If other valid and collectible insurance is
b. With respect to "mobile equipment to available for a loss we cover under this
which this insurance applies, we wili Coverage Part; our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other a. Primary Insurance
coverse required
g q ' ed by any motor vehicle
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. Legal Action Against Us primary, we will share with all that other,
insurance by the method described in c.
No person or organization has a right under, below.
this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the
or
other insurance, whether primary, excess,
insured;
b. To sue us on this Coverage Form unless contingent or on any other basis:
1 .Your Work.
all of its terms have been fully complied ( ,
with That is Fire, Extended Coverage,'
A erson or organization may sue us to recover
Builder's Risk, Installation Risk or
P or"your work';
on an agr
eed settlement or on a final judgment similar coverage f y
j against an insured; but we will not be Gable for (2) Premises Rented°to You
damages that are not payable under the terms of That is fire, lightning or explosion
ranee or that are in excess of the
this msu - 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
cover your liability as a tenant for
Except with respect to the Limits of Insurance, 11
and any rights or duties specifically assigned property damage to premises rented
to you or temporarily occupied by you
in this policy to the first Named Insured, this with permission of the owner;
insuranceapplies:
a. As if each Named Insured were the. only
(4) Aircraft,Auto Cr Watercraft
Named insured; and If the loss arises out of the maintenance
b. separately to each insured against wham or use of aircraft, "autos"or watercraft to
the extent not subject to Exclusion g. of
a claim is made or"suit"is brought. rages_
Section A. Cove
6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or 11e Of Elevators
By accepting this policy, you agree: If the loss arises ibut of "property
(1) The statements' in the Declarations damage" to borrowed equipment or
the use of elevators to the extent not
are accurate and complete;
i' (2) Those statements are based upon
subject to Exclusion k.of Section A.--
Coverages.
representations youmade to us;and
Pa ge 16 of 24 Form S 00 06 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 AndNon-Contributory 6. Transfer Of Rights Oi Recovery' Against
To Other Insurance When Others To Us
Required By Contract ai. Transfer Of Rights Of Recovery
If you have agreed in a written_ If the insured has rights to recover all or
contrast, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have invade
primary and non-contributory with under this CoveragePart, 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. Thin'. condition daes 'not
{ ) (_) apply P Coverage.
Paragraphs a and b do not a I to, apply to Medical Expenses
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this,insurance is excess, we will recovery against any person or
have no.duty under this Coverage Part to 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.
Form SS 00 08 04 05 Page 17 of 24
COMMON POLICY CONDITIONS
All coverages of this policy are subject to the following conditions.
A. Cancellation (6) Failure for
1. The 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 wiltten notice of consecutive days or more, except
cancellation. during a period of seasonal
a 2. We may cancel this policy by mailing or onoccupancy;or
delivering to the.first Tamed Insured written (b) pay property taxes that are owing
Notice of cancellation at least: and have been outstanding for
Cq more than one year following the
rq a. days before the, effective date of date due, except that this
cancellation if any one of the following
provision will not apply where you
conditions exists at any wilding that is
m P p are in a bona fide dispute with the
Covered Property in this policy: taxing authority regard
riling payment
w
9 The building has been vacant or of such taxes.
Ln unoccupied 60 or more consecutive
b. 10 days before the effective date of
days.This dries not apply'to:
cancellation 'rf,we cancel'for nonpayment
a.) Seasonal unoccupancy;or of premium.
# ( ) Buildings in the course of c 30 days before the effective date of
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 flo,cbr area vacant or unoccupied Named Insured's.last mailing address known
are considered unoccupied cinder this to us.
provision.
. Notice of cancellation will state the effective
(2) After damage by a Covered Cause of date of canceilatioin. The policy period will end
Lass, permanent repairs to the on that date.
building: . If this policy is canceled, we will send the first
( j Have.not started;and Gamed Insured any premium refund dole;
Have not begin contracted for, Such refund will be pro'rata. The cancellation
Within days of init"ral payment of will be effective evert if wa have not made or
offered'a refund.
loss.
t3) The building has; 6. If notice is mailed, proof of mailing
will be
sufficient proof of notice.
(a) An outstanding.order to vacate;
7. if the first Named Insured cancels this,golicy
(b) An outstanding demolition order; we will retain no less than $100 of the
or porniurrr.
(c) Been declared unsafe by B. Changes
now
governmental authority. This policy contains all the agreements betwelenypu,
( ) Fixed and salvageable items have and us conceming 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 terms cif this policy
This does not apply to such rernoval with our consent. This lioy'a tees can I)e
that is necessary or incidental to any amended or waived only by endorsement issued,
renovation or remodeling. by us and made a part of this policy.
Form SS 00 05 12 06 Page I of
c 2006,The Hartford
tiOMMON POLICY CONDITIONS
C Concealment,Misrepresentation Or.Fraud 1. Premiums
This policy is void in any case of fraud by you as A 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 time,intentionally conceal a. Is responsible for the payment of all
or misrepresent a material fact concerning:
p premiums; and
1, This policy; b. 'ttllill be the payee for any return premiums
2. The Covered Property; we pay.
3. Your interest in the Covered property,or 2. The premium shown in the Declarations was
4. A claim under this policy. computed based on rates in effect at the tune
the policy was issued. if applicable, on each,
.' 5x ruination Of Your Books And Records renewal, continuation or anniversary of the
tili'e 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 their in effect.
afterward: 3: With our consent,you may continue this policy
E. Inspections And trr�reys in force by paying a continuation premium for
We have the right but are not obligated to: each successive one-year period. The
Premium must be:
1. Make:inspections and surveys at any time; a. Paid to us prior to the anniversary date;and
2. Give you reports on the conditions we find;and b. Determined in accordance with;Paragraph
3. Recommend changes. 2.above.
Any inspections, surveys, reports or Our farms 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. ;ire do not undertake to perform the duty have not received the premium.
of any person or organization to provide for the health � Changes in exposures 'or changes in your
or safety o 6ny'person. And we do not represent or use of
business operation, acquisition ur
warrant that conditions: locations that are not shown in the. Declarations
t. Are safe or healthful,or may ocbue during the policy period. if so,we may
2. Comply with laws; regulations, codes or require an additional premium. 'hat premium will
standards.
be determined inaccordance 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, T`ransfer Rights Of Recovery Against Others
organization which makes insurance inspections, To Us
surveys, reports or recommendations. Applicable to Property Coverage:
F. Insurance tinder 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 paymetit under this policy has rights to
the same loss or damage, we will not pay more recover damages front another, those rights are
than the actual amount of the lass or damage. transferred to us to the extent of our payment.
Liberalization That person or oreanization must do evei)4hing,
necessary to secure our rights and;'roust) do
If we adopt any revision that would broaden the nothing after loss to impair'thel m. But you may
coverage under this policy without additional v�raive your righta against another party in wilting:
premium within 45 days prior to or during the policy 1. prior to a ions to your Covered Property.
period, the broadened coverage will immediately
apply to this policy. After a loss to your Covered Property only if, at
time of toss,that party is one of the following:
W. Other Insurance -property Cove-rage
If there is other insurance covering the same loss a omeone insured by this insurance,
or damage, we will pay only for the amount of b. R business firrti:
covered loss or damage in excess of the amount (I) 'Owned or controlled by you;or
due from that other insurance, whether you can That owns OF centrals you;,or
collect on it or not. But we will not pay more than f
the applicable Limit of Insurance.
Page of Form S 00 0 �12 06
COMMON POLICY CONDITIONS
c. Your tenant 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 ` our Nights And Duties Under This declarations is�deposit premium only. At the
Policy close of each audit period we wilt compute the
Your rights and duties under this olio ma not be earned premium for that period. Any
p Y Y additional premium found to be due as a result
transferred without our written consent except in of the audit are due and payable on notice to
the case of death of an individual Named Insured. the first Named Insured. If 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
within the scope of duties as your legal excess tc'the first Named Insured.
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 polio and necessary to finalize the
rq duties but only with respect to that property.
premium audit, and send us copies of the
same upon our request.
ri
co
0
LO
Our President and Secretary have signed this policy. Where required by law;the Declarations page has also been
countersigned by our duly authorized representative.
tor* G.Hunt,Seerdary
Juan Mekade,President
Form 00'06 12 0 page 3 of 31
SUPER STRETCH SUMMARY
SUMMARY OF COVERAGE LIMITS
This is a summary of the Coverages;and the Limits of Insurance provided by the Super Stretch Coverage form
SS 04 74 which is included in this .policy. No 'coverage is provided by this summary. Refer to coverage form
SS 04 74 to determine the scope of your insurance protection:
m -
The Limits of Insurance for the following Additional Coverages are in addition to any other limit of insurance provided
under this policy,
Ln Blanket Coverage Limit of Insurance:$150,000
Ln Blanket Coverages
N Accounts Receivable-On/Off Premises
Computers and Media
� p
Debris Removal
Personal Property of Others
Temperature Change
Valuable Papers and Records-On/Off Premises
.�.:.»» coverage Limit
Brands and Labels Up to Business Personal Property Limit
Claim Expenses $ 1 0,004
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
=-== Sever 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 $I0,000
Unauthorized Business Card Use $ 5,000
Farm SS 84 15 00 07 Page 1 of 2
O 2007,The Hartford
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:
Coverage Limit
Newly Acquired-or Constructed Property'-180 Days
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 $50,000/7 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 0a Days
The following changes apply to Loss Payment Conditions;
Coverage Limit"
Valuation Changes
Commodity Stock Included
"Finished Stock" Included
Mercantile Stock-'Sold Included
Page 2 of 2 Farm SS 8415 09 07