Loading...
HomeMy WebLinkAboutSeabrook and Associates 2010-12-10Ci V y kiah AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this 149 day of D,4~ , 2010 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "CITY" and Seabrook and Associates, a California Corporation, organized and in good standing under the laws of the state of California, hereinafter referred to as "CONSULTANT". RECITALS This Agreement is predicated on the following facts: a. CITY is mandated to review building plans to determine whether they comply with the City of Ukiah Municipal Code and California Building Code. b. CITY is mandated to inspect building projects to determine whether the work is consistent with the approved plans and all applicable codes and laws. c. CITY needs substitute building inspection services from time to time when the City Building Inspector is absent from the office. d. CITY needs expert assistance to address and answer questions pertaining to accessibility requirements consistent with the requirements of SB1608 (Chapter 549 of the Statutes of 2008), effective January 1, 2009 ("SB 1608"). e. CONSULTANT represents that it has the qualifications, skills, experience and is properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. TERMS OF AGREEMENT 1.0 SCOPE OF SERVICES CONSULTANT shall provide CITY with the following services: A. CONSULTANT shall perform the following services as requested from time to time by CITY'S Director of Planning and Community Development or assigned designee: Conduct full service or partial review of plans and documents for building projects in the City of Ukiah to determine whether such plans and documents are in substantial compliance with Building Regulations of the Ukiah City Code and with the California Building Code. A full service review is defined as a non-structural, structural, and energy conservation plan check. A structural review is defined as a structural only plan check. An energy review is defined as an energy only plan check. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE I OF 9 2. When such determination has been made, CONSULTANT shall notify the originator of the documentation as to any lack of compliance found. 3. CONSULTANT will review re-submission of corrected documentation and repeat the process, if necessary, until compliance is obtained. 4. CONSULTANT will then return all plans and documents, corrected by the originator as necessary, to CITY'S Building Inspector with a statement that compliance has been determined. 5. CONSULTANT agrees to perform plan review services according to the following time table: a. Residential Projects: Initial plan check, including the issuance of a letter of review, shall be completed within ten (10) working days upon CONSULTANT's receipt of a complete submittal package. All subsequent plan checks shall be completed within five (5) working days of the CONSULTANT's receipt of the submission. b. Non-Residential Projects: Initial plan check, including the issuance of a letter of review, shall be completed within fifteen (15) working days upon CONSULTANT's receipt of a complete submittal package. All subsequent plan checks shall be completed within ten (10) working days of CONSULTANT's receipt of the submission. B. In addition, CONSULTANT shall be responsible and shall be readily available to CITY'S Director of Planning and Community Development or Building Inspector for the handling and answering of any and all questions, inquiries, and correspondence referred to CONSULTANT by the Director of Planning and Community Development or Building Inspector regarding services performed under this agreement. C. CONSULTANT shall be readily available to communicate directly and answer questions from permit applicants, architects, and engineers. D. CONSULTANT shall provide substitute building inspection services to the CITY if requested. Inspections will be performed to verify compliance with the CITY'S Building Regulations, in accordance with CITY'S policies and procedures. CONSULTANT will provide appropriate transportation, cell phone, and all necessary tools and materials to provide proper inspection services. E. CONSULTANT shall be available and provide answers to all questions and provide services pertaining to accessibility requirements consistent with the requirement of Senate Bill 1608. F. CONSULTANT shall stand ready to begin to perform services required by this agreement on and after the Effective Date, and shall perform such services diligently until this agreement is terminated according to the procedures herein. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 2 OF 9 2.0. COMPENSATION FOR SERVICES A. CITY shall pay CONSULTANT for Building Permit plan check review services as follows: Full service review including first re-check: 80% of the City's plan check fee. 2. Structural only review including first re-check: 55% of the City's plan check fee. 3. Structural and energy review including first re-check: 65% of the City's plan check fee. 4. Energy only review including first re-check: 25% of the City's plan check fee. 5. Subsequent re-checks and other services shall be paid based on CONSULTANT's schedule of hourly rates attached hereto "Exhibit A", and by this reference incorporated herein. B. City shall pay CONSULTANT for substitute building Inspection services on an hourly basis according to Exhibit "A." C. Payments prescribed herein shall constitute all compensation to CONSULTANT for all costs of service, including but not limited to, direct costs of labor of employees engaged by CONSULTANT, one-way travel expenses, telephone charges, typing, duplication, computer time, and any and all other costs, expenses, and charges of CONSULTANT, his agents and employees. D. Payments to CONSULTANT for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to CONSULTANT, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine the expenses claimed. E. Should changes in compensation be required because of changes to the Scope-of- Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Section 1.0, Scope of Services, and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 3.0 OWNERSHIP OF DOCUMENTS A. Ownership of Work and Rights: (1) Work made for hire. The term "Documents" includes, but is not limited to, all designs, drawings, specifications, and other technical data produced by Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 3 OF 9 CONSULTANT in performing under this Agreement. Said Documents constitute a work made for hire, as that term is defined in Section 101 of Title 17 of the United States Code (the Copyright Act). (2) Assignment of Copyrights. If all or part of the Documents is, for any reason, deemed not to be a work made for hire, CONSULTANT agrees to execute all documents necessary to transfer to CITY the ownership of any and all rights, including but not limited to copyrights, that CONSULTANT may have in the documents. (3) Waiver of Moral Rights. To the extent that CONSULTANT has any moral rights (droit moral) or similar rights in the Documents under the law of any jurisdiction, CONSULTANT expressly waives those rights. CONSULTANT waives any right to have the documents attributed to CONSULTANT or to prevent the Documents from being modified, edited, transformed, or otherwise adapted as CITY may deem necessary. (4) Ownership of Documents. CITY will own the exclusive rights to and in the documents, including, but not limited to, all United States and International copyrights and other intellectual property rights. In the event that this Agreement is terminated, CITY will own the exclusive rights including, but not limited to, all United States and International copyrights and other intellectual property rights, in the portion of the Documents actually completed. (5) CONSULTANT agrees that CITY shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and other technical data pertaining to the work. Upon termination of this agreement for any reason or by either party, and upon completion of this agreement, all notes, designs, drawings, specification and other technical data produced under this agreement shall be transferred to and become property of CITY upon its request without additional compensation. B. CONSULTANT shall maintain the aforementioned records and any other records related to the performance of this agreement, and shall allow CITY access to such records, for a period of three (3) years after termination of the Agreement. 4.0 CONFLICT OF INTEREST CONSULTANT covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. CONSULTANT further covenants that in the performance of this Agreement, no persons having any such interest shall be employed. 5.0 INSURANCE LIABILITY 5.1 Without limiting CONSULTANT's obligations arising under Paragraph 5.2 CONSULTANT shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 4 OF 9 A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage - Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the CONSULTANT's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance CONSULTANT shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 5 OF 9 General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles owned, hired or borrowed by the CONSULTANT for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The CONSULTANT's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from CONSULTANT's performance of the work, pursuant to this Agreement. 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend for a period of one year after the termination of this Agreement. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 6 OF 9 E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage CONSULTANT shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before CONSULTANT begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If CONSULTANT fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to CONSULTANT that City has paid the premium. G. Subcontractors CONSULTANT shall include all subcontractors or sub-CONSULTANTs as insured under its policies or shall furnish separate certificates and endorsements for each sub-contractor or sub-CONSULTANT. All coverage for sub-contractors or sub-CONSULTANTs shall be subject to all insurance requirements set forth in this Paragraph 6.1. 5.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, CONSULTANT agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of CONSULTANT in the performance of services under this contract by CONSULTANT, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or CONSULTANT, include their officers, employees, agents, and subcontractors. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 7 OF 9 6.0 CONTRACT PROVISIONS 6.1 Governing Law. CONSULTANT shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 6.2 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 6.3 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 6.4 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 6.5 Assignment. CONSULTANT's services are considered unique and personal. CONSULTANT shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without CITY's prior written consent. 6.6 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 6.7 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay CONSULTANT for services provided under this Agreement; 3) CITY has abandoned and does not wish to complete the project for which CONSULTANT was retained; or 4) on fifteen (15) days prior written notice by either party. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to CONSULTANT. CITY shall pay the CONSULTANT only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, CONSULTANT shall provide to CITY all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONSULTANT under this Agreement. CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages CITY may incur as a result of CONSULTANT's breach of contract. 6.8 Duplicate Originals. This Agreement may bearing the original signature of the parties. be admissible in administrative or judicial Agreement between the parties. be executed in duplicate originals, each When so signed, each such document shall proceedings as proof of the terms of the Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 8 OF 9 7.0 NOTICES Whenever notice or a document is required to be served or given, it shall be deemed given or served, when received if delivered by fax, email, certified U.S. Mail, overnight courier, such as UPS or Federal Express, or 48 hours after deposit in the U.S. Mail with first class postage affixed. Any such document or notice shall be delivered as follows: CITY OF UKIAH Charley Stump, Director Planning and Community Development City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 FAX: Email: CONSULTANT Eric Seabrook, President Seabrook & Associates 1550 Airport Blvd., Suite 202 Santa Rosa, CA 95403 FAX: Email: 8.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT: BY: PRINT NAME: ff)C- PIRS IDN Number CITY OF UKIAH: u-c'-'M 6r '?()i Date Date l;~-10-1D Date Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 9 OF 9 EXHIBIT A HOURLY RATE SCHEDULE CLASSIFICATION Principal Senior Plan Check Engineer Plan Check Engineer Senior Plans Examiner Plans Examiner Permit Technician Building Inspector Non-Technical Support Effective 12-01-10 61SEABROOK & ASSOCIATES Building Code Consulting since 1978. RATE PER HOUR $195.00 $165.00 $145.00 $145.00 $130.00 $115.00 $ 85.00 $ 80.00 AcGqUy CERTIFICATE O LIABILITY INSURANCE OP ID IL DATE(MMID)lYYW) . 09/16/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON'' THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATI N is WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: - -i George Petersen Iris Agency PHONE L Box 353 9 P 0 AIC, N~a}: (A/c, No, Ext : - . . 627 College Avenue ADDRESS: Santa Rosa CA 95402 CUSTOMER!)#: SEABR-2 Phone:707-525-4150 Pax:707-525-4175 W GE NA1C# INSURER(S) AFFOR)ING COVERAGE ENSURED INSURER A: Golden Sagle Insurance Corp i . . _ . . Seabrook & Associates 1550 Ai t Bl d St 202 A_ _ . INSURERS: Lloyds of London 1 - - rpor v . e. Santa Rosa CA 95403 INSURER C: INSURER D i. INSURER E_ - INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CY"EXP-~- ' FAI1TSq'SUBi~ ' - _ - _ r PnCtC4`t FF f~(SL'T LIMITS tTR ; TYPE OF INSURANCE I INSR I WVDI POLICY NUMBER i(MMIDDJYYYY) ! (MMIDDP!YYY) i GENERAL LIABILITY EACH OCCURRENCE I 31000000 A ( X COMMERCIAL GENERAL LIABILITY I j CEP4238200 ;09/15/10 ;09/15/11 1 PREMISES (Ea occurrence) I $ 500000 X i CLAIMS-MADE L-1 OCCUR MED EXP (Any one person) $10000 B I X ; Prof. Liability X ~MI100412 i09/IS/10 109/15/11 PERSONAL &AQVINJURY s-100000_0_ I GENERAL AGGREGATE B2000000 {I GEN'L AGGREGATE LIMIT APPLIES PER: - - _ PRODUCTS - COMPIOP AGG I - - S2000000 r ~ j 1 POLICY I JE 0 rX I LOC 1 I i i I AU III TOMOBILE LIABILITY ~ I ; COMBINED SINGLE LIMIT I 'Ea accident) t I $ 1000000 A t ; ANY AUTO 1BA4238195 09/15/10 109/15/11 BODILY INJURY P S - i--'-; ( er pe rson) i X ALL OWNED AUTOS ; ~ ' accident) BODILY INJURY P S 1 ( er I SCHEDULED AUTOS I 1 I I I PROPERTY DAMAGE X HIRED AUTOS } I I (Per accident) I . 1 I --------1 ' X NON-OWNED AUTOS I i i I $ A X UMBRELLALIAS OCCUR 1CUS792595 109/15/10 09/15/11 EACH OCCURRENCE € $1000000 EXCESS LERB CLAIMS -MADEI Hli j i AGGREGATE - 1 $ 1000000 1 DEDUCTIBLE X i RETENTION $ 10000 ! I j i S A WORKERS COMPENSATION ! WC4238196 AND EMPLOYERS' LIABILITY 509/15/10 109/15/11 I X [TORY SIMITS1 !OER Y 1 N I I ANY PROPRIETOR/PARTNER/EXECUTIV 4J I A 1 X i E.L. EACH ACCIDENT i $ 1000000 - J OFFICER/MEMBER E CLUDED? %(Mandatory inNH) - I----- ( IE.LDISE4SE-EA EMPLOYEE . - $IOOOOOO { If •aes, describe under i DESCRIPT!ON OF OPERATIONS below I 1 I E.L. DISEASE -POLICY LIMIT _ $ 1000000 E i j DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additioral Remarks Schedule, if more space is required) RE: Consulting Services. City.of Ukiah, its officials, officers, employees, a er_ts and consultants ~ are included as Additional Insured for Gene ral Liabi ity per written contract or agreement per GECG6020904 with respect: to liability arising out respect of activities by or on behalf of the Named CER T 1FICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY015 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 ACQRD CCRPORAT1()N. All rinhtc rAcarvari ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD MveEf?:.RC_.. La3.v'i ws_.»t 4 a GOLD ENDORSEi'WENT "ETH ENDORSEMENT 3'3:.,a, e.=ES s °2;i O- sC£ , PLEASE R- AD d E '.:eiE.: A„.S. y . i h l IdC1Cawnent rwdl lee insurance pi o--vid ed :ir d;-ar : Ie libHo i icy SECT iON 1 - COVERAGES I Exclusions rt en, 2-g. 2) l~ FP,'~faGc iY!li7 ifiB iCi~(} ri%Cr; 2.9. G) A water-craft you, do not owr1 tha% is: ae less thaf I 5-0 feet long; and b) Not being used m carpi persons or t)ropcriuv for a char y & keen f. CJ- 5) i5 aia%iec 6 An aircraf, in which .fou r.avre no mite ierShip fi iter :si and that you have e ci;ar f~:;.i 1,vith ry. ; VI c~~.~tl. The fast pa}-aft u hi of Exchisidns ig i e .t .-cart """"t'h the following: E}iill4shm c i(':E€]i,i& n. do nct ap ;i to damage by fire, explosion S~J,rI~Eii`se{ -'ieu,C{~"'e, or {ill ghtniii'fg t l ~i t7 P r^-'nliSeS W hi rer;ted to YOU, tenlpnrarllyf occupied by you wir. h,^; pern.-iission of the owner, or managed by you under a..';Errit en ay a. i.. O r Bail cf i Ywzth the .)wnef. A separa:a lir^tt of r15i.IreafiG2 a "ies to his ;rjr;"; «Jarage as described in Section 011 -'Unnifts of unsu°Pr' nce, COVERAGE C. fVIE139CAL PAYPAENTS If P ' (i f,;fctll }/.~2Vrj ~ eii its Cove .rage fE~/' S is provided tin's po iq, , the follo ilh-7 :fC ai!geo3. Wits hY medic-31 ;{pence f mit: provided by I.his pn,ri;:y sh8il to the greater of a. 50000 or ib. h.8 aF:lUunt iii oleo . in, ..he declarations, -overage Medical Payments is primary t contributing lii - rl itl-'a;.fi eve`: / . and not l~r'tx any other C~,..r .c~, ever %I~ul of d e FY~SL€r'ctnce is ai.o primary/. OF-,'CG !i(12 (0-,'V0) !'n iu&s CoP:•i'i<_~hwd maferk Wsaam Sat':cw i-10km Wa ~.kh A pe-r:;?~ lss Pace 1 c i. _ % ~ f(i The lbbcrwingi i.,.? arlde,-fj: T it, EXPENSES z"ir yvill ;y "pr``d 4y.. C«li ? : :i eF i :;l,fi'vel d n for e `:u; , ; u !1Q-ts'i%# ; criS ;S" by you t, %yii! . r ii':-at of 'Ci_' NIL'Itdr+~ trial. Such vttfthdr, oval is riLlquired because of a d t rn rt t the c• • . c ^:f aiGil by CE during [l pGricV periota, illa', hc aSn tGj cG Isi.Ft'Flption of your products could result in "bodily, #-ij+' y" or Q upr perivy, I Rage c": and ••'J. The „Y ~ f GQUCE recall no icatiGF, expenses" npcn5es aleiin,Ifl'ed a. :t?j~tOF':•: ed t t~, US dels't1e i2 I' policy period. and C~ The most we will pay for "Product fecal) : iotifica ion expenses" during the policy perlod is $100;000. S_ Pia>_Ef EN- g AP`'; PAYNE, IM M VEFLA DES A AND ;i--rr7 and 'd. are ; eplacet! Iiv,u7: d. The cost of hair bonds required because of accidei it" S or irafiic law violations arising out of the use of any vehicle ?o which the Bodily lri•u i, Lias`:Filit Coverts e applies. 0.1e do riot have to illy ` these bond--. d. All reasonable expenses ?riG?1rl"mod by the insured at our r2C{4e3t to a"s:`:FSt us ?il tl'le : n.rvs't i^ defe nse of he c:lairn or `s pit" in=cluding actulaii loss of earnings Lip 5000 a ,^..`ay because of `iri?e -,ff from work, C" :sue €j _ AN O 15 AN INSURED 11'em 4. is reptaced with. T. Any siubsidianess, co ,,amts, cofporat;Qil;S. 1ir:::5, rf ~,~?i-ii?ations you aaiie or on , during l-ie policy CfiG: over tlJl':FGI foF rc";c l'i:%2!i i ^t car ttl"oiiF? itj lit i'est of greater than 50% of `l'tl St%C:K or u'SS?ia , `!(Ill Llual?'y as a Narf led :its! red if. aJ you have 'the responsiblHity Of prlcncing insulraYlce Cti'; uch enili, ; and h,) col erage-' for the ndty is not lmbert,vise more speciYicaity provided; and e the entia is incorporated or organized UI filer the la it l2 United S Q laws U. - C Y rt ier:c.a. However, coverage under this Provision does not apply to "i1~:,, dicti injury" h luny" or "property damage" that occurred before you :acquired or formed he .entity/ or "n isonal Ifliufj" G "advertising •i~." arising r out t ;:.n; ,l,fi;ny of a ! o ferfse cor nr:litl d belor s you acquired or tor3 ne:d the entity. Coverage under this 33f ovisivi v is cr.~~ I'"r~ e, ily ! i - i ' the end of the policy p``ri~.eV~; of the l?i f ied ' t;. the Hel'J8 (1~ •7; month, anniyersar`/ of t :e ;:;u^iicy inception date `•+dhiche ver is earlier. Paragraph 2 is ame!ifded i=''_% .inchic'e: he General Aggregate _ii :it :sf Ii:S ra?i^.se a JIis3 ~`r' i each 1bY , by ` p, separ.~ ~.y' e• Ilocation" o rd you, rented tG o'r cccupie d by you with the ernnisslion of -tile ok.-vner. /VI% G EC'<i' 602 ;Includes copyrighted. maic r al crf insurattee 5crviac,. t:>fiiees hie. With its rent?iissii; -11 f° .a,e of6 _r. v, Si,kie'{-a 5. ...boo : ti Fie t)c!mt{ge Linni is !ii.. Ifi'ost 1r ~T will p a.y uncle` A for clainargaE.:j ;'nause of :`a: .Ve!i? dot! a e,. to °:r rni,`-.E3 vh.... reenied to you, temj-,orc.rly occupied y yr':,i 'v'v:`f1 o the managed by you Lf'sder a. iuitten ag vem..,N adh Me me, .iS!iiti oi.ii 0"If any one etxpi_'s._,. ar spiinkieC leakage i."Iddlent'. The Fire D,3mag .-I jor>>vide l by this po;lii shFil ie tr:e greater of: a. $600,001 of b. The arnoUrit ShOl f l in, the Dedarat!ons. SLr°ICCs'! HIN-COMMERCIAL Ga.=N R5:i„' A ,j rv 'Q°.•+'i O"i itenn, a.fs replaced vvft I: 1. Duties In, she Even" , c sr- n ante, Offense, Claim or Sijit e. You ?:mist ,pro,?jpilf notify Your Gt..r duty to "vsGCnptl, l10- !it,V Uu r is effective t ltive t..+a r,t . when t~`iECI any of lii_.!i" @,;.l,ecu: officers p aoriens, members, or legal representatives i5 aw&rE of the "cc ee "'U seo arr~,nc ~ , offense, claim, cr S f, Knowledge o an "occuiteence", offense, claim or, "suit" by other employee(s) Cites not iinF"f yc.••u also We such knowledge, To the extant possible, "C Us Si o!,iiCi r ; ++ttc~~..eS incl .L!;~E, f) !-1•.^,,tr., when and •vvOere the "occurrence" offense took: place, 4 The names and -addra sses of any injuired persons and wit; Tess-e and he nakwe ani:i It)caldon of any ; t injury or Qarf? a ;~?i.. si i "CGC,.;'C2nV ''""""'S ai~.., out _ of the c e ~+sc, ~ c, ,Isi:1i :JF :SUiT . f •em 4. r. 1) t) ss replaced 1w;W-i: Excess ir'surance !b) T flat is Fire, `_xplosion or Sprinkler Leakage in-:?trance for prerr,i..scs o~lri ' ile rented to you, `e:("iip orc{Cil' occupied by you with permission of the owner, or r anaC°d by you + under by a vri' en agreement with the : 4VC P.1; or ii m 6. is anm1 willr-'d io induce: 3. R p W es`=t2 :3}n s d. Ir y-OLt :^ninentior)a`.ily ;a!1 `_r disclose anL,, ;i,ez,rrr-,S e isting at She !r,ce tlon dc-te O. y+:r:sC polic;+`, lc a 1d:Ii not deny coverage t. n'd r Vhis Goverage Pant be.+:al-Ise Of such F_! U.?'?. s ?0ovever, this provision does of ergot our r flit to collect additional r✓ken- u m .or exercise our right of C2iICRation or i1CaR-r:!•^,EnP;2l. iter t B. ;s , pf eced f;;f':. a if Te insured has rights to recover all or 'tare of any payment we hive node Under this uo:`erage Fa3;, :i`o5^ rights Cf ..Tf i t"Cd to us. The _`i PliisL o otht .:y =Tier loss to !ninair t ?he.n1. At I,, Yhie incur . our request, thie k Grt?d ' t s iN br!'l{ sUli r :~C those se r1Ci 'si$ t p us ~atic-; -i +i :?i ii,..at.Si:. i to us aY!~ tt•,=~,_{.~ %~nforl~E ct~ , GFCG 602 includes cap_;: ghr: d m_wris! of Or wnc &m la m inc. viih it; penr.ission ~ 3 of 6 b. rI-:ra Jred (bv a written "Unsure'd person- or ~ r an; atic ,_~..=<C;:4r. C-,! U2 } ~.i S ? r•- ~ .2>, t 4F~ i . r' '7 i- t :1i~a fi'i tt~~ .r ( ~f ,r.r ca-;'c ar~SlnCt Of i aR fo 7. t W f ` .t ~t O ~;Ur onccd, :pe#'ationS or :tycw ~ yr}~rt CC e ti =tc 't.~._. rr F iu ~ or Cvt ;1 `:y . niSC (.f;d Ss,4 .:.4 !r sR, CF ur. ct.i rac for th at pet ron, rot omd t,€!ei(i'ii and in CiCIded in j}.r", h, 'p Cz.IC~ ..,~i : yt ..'r(F tay_.~raticr, S . • ~n'i'di:r. 1-0. CaNICC-Hat"Oft Condition if we cancel this polic--y` for any reason other 'than an nor"payment of premium we 'will math' deliver written, nofirce of cancellation to the first Named insured at least 60 days prior io the Bffect ve date of cancellation. 11. Liberalization if fire adopt a change in o;ur forms or FL;rleS which would broaden your =ot rC-' ,r rage dit€oC.tt an extra C: larCge, t'€•te broader coverage will apply to ibis policy. This extension is effective ;upon the approval of such broader coverage in your state, SEC s 101MI V- DEFINI?# i IONS The fallz w nig definitions are a ded car c'hanged' h f:jL.(r'".s'd t".vrjrC4t." !s ch rrgec: to: n, A contract for a leas: of prernis s. Ho%fever, +that portion of the contract for 8 !E?aSe Ct't` ^,i=;';':t82S [nai indernnifies any person or organization for damage by fire, explosion or Sprinkler leakage to Premises hil e rented to you, or temporarily occupied by you, ed wr/ llth ,errril:~S i:n of tt"!•:; owner, :s .Fi=r, or €nanaged by you u- iaer a rsVr €tten agreement the owner is not an "insured contract". 23 and 24 are added: ,3. - ocati n an ans premises involving t; •e s {me or Co'ne` Tit [a 5- s, or pre€nises whose con inec.ion tv interrupted only by a Street, rCre d%lay, fr`aterway or r1gn of -wa;f of a railroad. 24. "Product, recall notification expenses" means the reasonable additional cex iUd.nCi not ir~:~, perlSc : (laic., but not Brit( ed to, cost of correspondence, newspaper and maLga-tine advertising, radio or t ievision annottneernents and transportation cost), necessarily i-Murred in arranging for the return of prOCILECtS, but exclud it g cost or the replacem=ent products the ~ ` a and cash value t'?i th., dar;iay°: Products. s The RA31ouvirag Pmnr i^^Jns are also adeded to this 1 o°r eratge Pd t: A. ADD11?Pat' AL tt*:ISUREDS BY a ONTK k", yr..a^' ~r.EAR~.>~. NT OF1 E'ER A-5 a 5. Paragraph 1. u~nd'ar S? CTIC N :t - x - _d• ' a"a rr~'SR3 1~4Sd.,t'.-r =-p4 - it ~a ~ s. fflwt e~ .,,.5„ hc( is c , ~ to irtcr~€ d,~ as Gn insured any p~rSOC€ or organization when you and Shaft persofn or organi„.ation have agreed in in/ritiii,g in a contract, atjreeq,}efit or permit th@t such person or organI -Iition be _rlded as an addi`-i ;nail insured on your policy to ) s s ro e insurance such as is afforded under t+t a t r %,CYVe""aC~ r ParEr., UC1 person or rJ;'-~?ii1Z I i^ not v Silat^cs G any notices that- vue are- "eau€red'to Send to the NanYed Insured and an additional inSure-d Oniv lhiiti rc9SpeCt to li&tibjWy ai;Sing out of: Your ongoing operations performed for that person or organ i%ation; or b. Premises or facilities owned or used L,y you, .ii CG 602. (09/04) iadude;: rup tigh:ai material o?insurance Services Offices €nc. with its €~er;nissio^ Page 4 oCE IIRJ!!! i o C t'~_ =S' i i.sf~! i .a. above. a C'': 7 C1' i , i~r a~!i f..,,, iy "t, an insured r e,.!.;,:s N t g a;!v a:y i! .,f,.. Fill C1! v{.: rf rit FL.:. . " }^C (f: w , ends -when V''ru GD!rpsc ~'p:'ra 'r,:F` Uhac pers a. ar i"c~ vi"i.._. Ji"t :r0 YS1131 rF° ~xr to r; rwiS1i` iii "An. S'31bo ve, t.. Y> F. pe`sa. zis a ;n ured inn der ~`~;iu;;JrSFiaviei t en,,4s Wh=en the!. co tt • c t Or a ure... ~ctt-i ~~4rits.h r`;f } ...i _or sucl ;i e~r;jyer.s or ,••ili i.'~ ends. rt1-;. i 2', This :tau%! S~_Men[ provi&'san A. foes. not aiaply: a. Unless the %,ri":te fn contract or e .x i be-en, ( it bee agreement has or .i~='ri'! been 'issued, p-,$;cr i(3 rh3 _ x "bodily iniur y "property damage" cir `,per sortal and a{. veillisirn isiju try„, b To "bodily injury" or "property darneg occurring after: (101 All work, including materials, parts or equi mer,%furnishef'i.' in c(3!ln ctien with such work, in the project (other than service; maintenance or repairs) 'to be perforr-ned by or on behalf of Elie additional i nsured(s) at the site of the covered operations has been completed; or (2) That portion, of "your work" out of which the ii tf utl or damage ar see has been put to i s intended use by any person or organization other than another contractor or subconi. actor e'r"sgaged iii ilenor mirig operations for a principal as a Bart of the same project,- c. i o the rendering of or fail Ur : to render any ri:ieSStotlai services f rite ~ including, b u ..,t 't o t liril :CI to, any profession architectural, engineering or surveying F services such as: (1) TfiC preparing: 'axp revirt;;°, or failing to prepare or approve., ove., '":itap, shop draw ihigs, opinions, . reports, surveys, field orders, change, orders or drawings and specifications; and ?2i Supervisory, inspection, architectural or eng neerir:g activiE3es; d To "bodily injury" "property damage" or "personal and aG! 1>;fr iSirl,.~ C arising out ~ of any , injUf arising ny act, „ efn Gr Cr omissioi -at r si S from the adrdllon-a! insured's sole !ige ?cot sole 1 fCW or wrongdoing; e. To any person or organizati%; i inC:lUded as an insurer under i B of this e! dors-,ment; E To any person or organization inc-tulle :9 as an insureds by a seoamte a,- (Mona! insured endorsement issued by Us and prude a part of this policy. S. ADDITIONAL INSURED - VENDORS Paragraph 2. -'_ir€de, SECTION ii WI-10 IS ES AN s3~a~a ' ' '"`U;''ED is Gmenc,'~,a 'ell t61iciuoe as an insure d a;y person or oroanization referred to below as "vendor') with tAihaiTi You agreed, 'in written contract or agreement iU provide insurance such is afforded under this policy, but only to, ".~i only 4vit^, res-ticodily injury:, C tr ,,ror;err _lcamage" arising out of "your products" which are distributed or sold in fl -e reg of the ,;en~ 'or'- :r course Li f. b`~tsiness, subject ,O ills= following additional exciusions: The insurance afforded ti';e :ten or does nol, apply to: a. "Bodily injury" r r y or "Property damn e" for ich x e'd. r„ y • s •~~t - 'the v rle.t !S )bligated to pay dap ;ages Dby reason t1he assumption of liability contract r. or agreement. - , i Ir 1 a GGr3•; his exclusion does not apply tQ HaNtity or G'c'mnages th-Pt the veridor would have in the absence Uf the contract or agreerneC.t: h.. Any ePmss xrlarranty unauthorized by you; C, Any Phr.-is.ical or chernlcal change iii the ^r`o4~.t tct add i ~ trYaN i_:•l' `•1 the ;/en-jor; v,v r!:G''.I rl`,Cfl is GUCC; 6".12 '.09 /04), irldUC!es cc ynuhred material of ! _ murarc:: •P Services Offices 'r.:lc ;v4*i; its !;errni:icn 1'vg? 5 cu 6 ',-•'.,f< ti Unlt:,~. un- .pt-•a:. •f(ked soiz..lv'r.:hr tt. , ~..o,. tH Of i re,~nonst2,ation c;jr':.. ac\duif: S: 3 ,.a uL:e Ce nisp', tlirm, .,tK, ir.=..•stifly, or 3uir tR ltioi; of pa S7 uri(, er instru i'ion firor i the; rna. ifaC;,.: ! rtpcCtCr?CJc d ti fl -se se origi-nal Any failure f,, yn ,t;~n ,ric`1 i'7~ ti •,r{ + te-5S _ -'~Fici: v Pic. has or?'as c<(;~`,'.. ewm, _ ~ .t--. what , , c:. tcS, • C+f ::`i~4 aa- the ,C) rnake ci nontiia't•' undertakes o i? iii: the course, , usin-es i; , C,Y.. i +n ' J (JI•%u~.i 3~ o 1. s`. ...{.ti C f ll7C C1:Stribu on or sal of the products, iI+yiffy}n 7iration, in:.aUr3tion' servicing or ' psaiii r~ 1- 'I•'( '•V'~ ter, :i15, ek.Cei;.~t . such l•.ki@r:.iY +fol*S ~~+.,•Jii; at the vendors Premises in connection with the sale of the Jradu(A; K. ProdUCtS vvh-l'': h, after distribution or sale by ,JOLT, have been labeled or reiabeied or used as a container, part or ingredient of ariy oilier thing or substance by or for the vendor; or f7. To "bodily i1 Li. ' or 'property r sa 4r E n ',:a j damage" arlSlii out of any act, error . 4's'SSiG flctf r - ! S'is;1(?1 the additional insured's sole negligence or kmro-nadoing. 2, his insurance :Sots snot apply i© any insured person or organi.ZaifC%, Ilr orn thlwOm you have acquire-C! SL t? Products, or any ingrcddient, Part or contaii^;er, entering into, accompanying or containing such products. C10-03' 602 (09/04) includss cnr+y: ghtad material :.r~ Sig! !-,(,C Scrv;c Of'ice }rc svi;L lli L'-: EIY?titi?O:r Page 6 of