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Home My WebLink About20111579 traiM.A I A Document A101' - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Nineteenth day of July in the year TwoThousand Eleven (In words, indicate day,month and year) BETWEEN the Owner: (Name, legal status,address and other information) This document has important legal Weld County Colorado consequences.Consultation with 915 10th Street an attorney is encouraged with Greeley,CO 80631 respect to its completion or modification. AIA Document A201^'-2007, General Conditions of the Contract for Construction,is • • adopted in this document by and the Contractor: reference.Do not use with other (Name,legal status,address and other information) general conditions unless this KONE Inc document is modified. One KONE Court Moline,IL 61265 for the following Project: (Name,location and detailed description) •• Greeley,CO Elevator Update-Probation Bldg(Bid#B 1100094) The Architect: (Name,legal status,address and other information) Not Applicable Not Applicable Not Applicable The Owner and Contractor agree as follows. AIA Document A101^'-2007.Copyright©1915,191x,1925,1937,1951,1958,1961.1963,1967,1974,1977,1987,1991,1997 and 2007 by The Mt.Aen Institute of hilt. Architects.All tiger mserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA°DoornerR or any portion of it,may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.This document was created on 03119)2010 16:30:33 under the terms of AtA Documents-on-Demand",older no. 2005161902 ,and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prey to Its completion. l�1toiY1} CC : 10n2/- 1 yt)ylty} p-r "?°f/- B I� 2O1. / 3 G 00 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed) Date of Weld County execution of the contract If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. Ink. Architects. Document A101'"-2007.CopydgM®1915,191& 63 1925,1937,1951.1958,1961,19 .1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.Al rights reserved.WARNt4G:This AIAeoocument Is protected by U.B.Copyright Law and International Treaties,Unauthorized repmdrxtion or 2 distribution of this AlA Docunaad,or wry podbn of it,may result in severe civil and criminal penalties,and wit be prosecuted to the mextrnum extent possible under the law.This document was created on 03119/2010 16:30:33 under the terms of AlA Documents-on-Demand'order no. 2005161902 ,aniis not far resale.This document is licensed by the American Institute&Architects for one-lime use only,and may not be reproduced prior to is completion. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twelve ( 112 )days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of commencement.If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) Portion of the Work Substantial Completion Date ,subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions,if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) Liquidated Damages do not apply ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One Hundred Two Thousand One Hundred Sixty Five Dollars ($ 102,165.00 ),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) None §4.3 Unit prices,if any: (Identify and state the unit price;state quantity limitations,if any,to which the unit price will be applicable.) Item Units and Limitations Price per Unit($0.00) None MA Document A101^1—2007.Cop/rigM®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991.1997 aM 2007 by The American Mature of Imt Architects.AO rights reserved WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties Unauthorized reproduction or 3 disinbiNon of this Ali Document,or any portion oft may result in severe civil and criminal penalties,and wit be prosecuted to the maximum extent possible under the law.This document was created on 03119/201018:30:33 under the terms of AlA Documents-on-Demand"order no. 2005161902 ,and is not for resale.This document is licensed by the Arnerican Institute of Architects for onsdne use cry,and may not be reproduced prior to Its completion. §4.4 Allowances included in the Contract Sum,if any: ((dentify allowance and state exclusions,iifa )),from the allowance price) Item Price($0.00) None ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1'Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 Provided that an Application for Payment is received by the Architect not later than'the twentieth day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the day of the(same)(follo month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than N/A ( N/A )days after the Architect receives the Application for Payment. (Federal,state or local laws may require payment within a certain period of time) §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of • ten percent( 10%).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm-2007,General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of ten percent( 10%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. Init. MA Document A101TM—2007.Copyright@1915.1918,1925,1937.1951,1958,1961,1961,1967,1979,1977.1987,1991,1997 and 2007 by The American[flawed Architects.All rights reserved WARNING:This AIA'Document is protected by U.S.CopyrigM Law and International Treaties.Unauthorized reproduction or 4 distribution of*Ns AIA`Document,or any portion of it may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible .. / under the law.TNsdocuient was created on 03/19/2010 16:30:33 under the terns of AIA Documents-on-Demand'order no. 2005161902 ,and is not for resale.This docurneut is licensed by the Amedwn Institute of Architects for onetime use only,and may not be mpeduced prior to its completion. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety,if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.61 and 5.1.6.2 above,and this is not explained elsewhere in the Contract Documents,insert here provisions for such reduction or limitation.) Not Applicable §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: Not Applicable ARTICLE 6 DISPUTE RESOLUTION §6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name,address and other contact information of the Initial Decision Maker,f other than the Architect) Not Applicable AlA Document A101TM—2007.Copyright O1915,1918,1925,1937,1951,1958.1961.1963,1967,1974,1977,1987,1991.1997 and 2007 by Ile Amwtan Instlatecf Init. Amtslects.All rights reserved.WARNING:This AiA°Document is protected by U.S.Copyright Law and International Treaties Unauthorized reproduction or distitution of this AlA Document or any portion of it,may result in severe civil and criminal penalties.and will be prosecuted to the merman extent possible under the Law.This document Yes created on 03/19/2010 16:30:33 under the terms of AlA Documents on-DemandTM order no. 2005161902 ,and is not for resale.This document is rimmed by the American Institute of Architects for metme use only,and nay not be reproduced prior to its mmpleton. §6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of balding dispute resolution shall be as follows: (Check the appropriate box.If the Owner and Contractor do not select a method of binding dispute resolution below,or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) ❑X Arbitration pursuant to Section 15.4 of AIA Document A201-2007 ❑ Litigation in a court of competent jurisdiction ❑ Other:(Specify) ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, fany.) Per State of Colorado §8.3 The Owner's representative: (Name,address and other information) Mr.Toby Taylor 1105 H Street p Greeley,CO 80632 p §8.4 The Contractor's representative: (Name,address and other information) Mr.Gary Kunz 3 Inverness Drive East Englewood,CO 80112 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. Init. Aa DocumetA101"'-2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Instituted P,chiects.A8 rights reserved WAltidNG:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 6 distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.his&momet was created:on 03/19/201018:30:33 under the terms of AlA Documents-on-Demand'order no. 2005161902 ,and is not---'. for resale.This document is licensed by the American Institute of Architects for a eerie use only,and may rat be reproduced prior to is completion. §8.6 Other provisions: KONE will provide insurance as identified in Exhibit B including KONE's Certificate of Liability Insurance naming Weld County as Certificate Holder and an Owners and Contractors Protective Liability Policy naming Weld County as Named insured. The additional insured requirement is deleted throught the contract documents. In lieu therof,Contractor will provided Owner with an Owners and Contractors Protective Liability Policy naming Owner as the Named Insured. This policy will remain in effect until the Contractor's work is completed and accepted by Owner. Limits to be$2,000,000. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. §9.1.1 The Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and Contractor. §9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. §9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages NONE §9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) NONE Section Title Date Pages Init. AlA Document A101TM—2007.CopyrigM@1915,1918,1925,1937,1951.1958.1961,1963,1967,1974,1977,1987,1991,1997 art 2707 by The Amerranlristjlecf Awlikects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 7 distribution of this MA5Ooctmnwd,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was created on 03/19/2010 16:30'.33 -..under the terms of AIA Documents-on-Demand"'order no. 2005181902 ,and is not for resale.This document is licensed by the American Institute of AmhitMs for one-lime use only,and may not be reproduced prior to its completion. §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) NONE Number Title Date • §9.1.6 The Addenda,if any: Number Date Pages ._ 1 June 13,2011 3 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AlA • Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instnlctions to Bidders,sample forms and the Contractor's bid are not pan of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Exhibit A KONE Bid Documents dated June 28,2011 Exhibit B OPL Insurance Terms Exhibit C Pre-bid questions/answers dated June 9,2011 Exhibit D Asbestos Info Init. AIA Document A101'"—2007.Copyright()1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991.1997 and 2007 by The American lrsdlrteof Nchdects.AR rights resierveed.WARNING:This AlAAOocumem is protected by U.S.Copyright Law and International Treaties unauthorized reproduction or 8 distribution of this Ale Document.or any portion of it,may result in severe civil and criminal penalties.and win be prosecuted to the maximum extent possible ..c t under to law.This document was created on 03119'201016:30:33 under the terms of AlA Documentson-Demand'order no. 2005161902 ,and is not for resale.This document a licensed by the American lrsfiste of Architects for ors-fine use only,and may not be reproduced prior to its completion. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements,if any,and limits of liability for insurance required in Article 11 of A1A Document A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) Performance Bond - $102,165.00 This Agreement entered into as of he day and year first written above. KONE Inc. fita ER(Signature) r CONTRAC R Signature) Barbara Kirkmeyer. Chair Jeff Blum, Senior Vice President (Printed name and title) (Printed name and title) 6023604 AUG 1 0 2011 Chairman, Board of County Commissioners ATTEST:�i WELD COUNTY CLERK TO THE BOARD. �� ' u 1851 ; . . BY: �•r�i�` DEPUTY LERK TO THE OARD Init. AW Comment A101".-2007.Copyright®1915,1918,1925,1937.1951,1958,1961,1963,1967,1974,1977,1987,1991.1997 and 2007 by The American IrstN4e of Architects.Al rights reserved WARNING:This AleDocument is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 9 distribution ofthis AIA Docuanent or any portion oft may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.Thisdocunent was created on 03/19/2010 16:30:33 under the terms of AIA Documentson-Demand"'order no. 2005481902 ,and is not for resale.This document is rcensed by the American Institute ofArchiteds for one-time use only,and may not be reproduced prim to is completion. �c//- /52 EX carr K .02ci, - ;(-7�s) REQUEST # B1100094 ELEVATOR UPDATE — Probation Dept/Bldg BUILDINGS & GROUNDS DEPT Prepared for: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF ADMIISTRATIVE SERVICES Proposed by: KONE Inc. Gary Kunz Sr Sales Executive - Modernization Email: gary.kunz( ,kone.com June 28, 2011 Denver Branch m o Sales Department MIJune 28, 2011 Elevators Escalators Board of County Commissioners of the County of Weld, State of Colorado, by and through its Director of Administrative Services KONE Inc. Attention: Purchasing Dept 3 Inverness Drive East Englewood,CO 80112 Subject: Request# B1100094 Tel (303)792-3423 Elevator Update-Probation Dept/Bldg Fax (303)799-6369 Buildings & Grounds Dept www.us.kone.com Gary.Kunz@kone.com KONE is pleased to provide for your review our design build bld to complete the elevator modification work on the one(1) Dover passenger elevator located at subject project in Greeley, Colorado. Our proposal is in accordance with the Request#1100094 dated May 2e, 2011,Addendum #1 dated June 13 , 2011, Questions/Answer dated June 9th, 2011, office map(2 pdfs)and Asbestos Info(4 pdfs). FOR PRICING. SEE PAGE 6 OF THE BID REQUEST FORMS. Please note that we have made every attempt to be thorough and comprehensive with our bid. We do feel that it is necessary to further clarify certain aspects of the bid as they relate to this project. Our clarifications are as follows: • Our Base Bid is in compliance with ASME A17.1 —2007 Code per the State of Colorado Elevator Code requirements. • Our bid is based upon mutually agreeable contract and insurance as previously negotiated between KONE Inc and Weld County for the"Elevator Update in the Courthouse dated March 22,2010". • The Bid Request advises that the contractor shall be allowed four(4)weeks to complete all work. However, no liquidated or consequential damages are specified. Pricing is provided for regular time only. KONE will coordinate material,schedule work activities,supervise and man the project with factory-trained technicians;and KONE will make its best effort to meet the 4-week schedule. • Our Base Bid INCLUDES all labor, material, equipment, insurances,taxes,supervision,drayage, engineering letter for new machine room walls, permits as required,and testing to perform the related work as identified by Construction Brokers, Inc in their proposal dated lune 27th,2011. All scope, exclusions,alternates(Construction Brokers Inc price plus 10%)and clarifications shall apply. We thank you for the opportunity to bid on this project. Sincerely, KONE Inc. Gary Kunz Sr Sales Executive-Modernization Fenn p Request for Taxpayer Give farm to the �Na Stety Identification Number and Certification �'° to the Mal Rena Swat Cj aide tS sham an yea loose bx Mewf $ KONE INC. a. eusi.s lane.a alma Mm above c 0 Exempt tem 41 Chart appoptde box:❑ poprialor ® caperai0n ❑ parbuasnip ❑ Oho ra backup Address(number,street,end apt.vegan no) aagntsyaS lame old arses(glfoaf a ONE KONE COURT p*Y.ode,and 2P code DUNE,IL.61265 net account nabob)here Optional Earn Taxpayer Identification Number(TIN) Eder your TIN in the appropriate box.The TIN provided matt match the name given on We 1 to avoid Same nen*nets baftwp wahholding.For incivir uas.this' is your social seamy number(SSN).However.far a resident i. get,sob proprietor.or tegardod m6ty,see the Pat I Steata on page 3.For other entities.it is your employer identification number( .IF you do not have a number.see Haw to Retell-IN on page 3. or .._ Note.If the account is in more than one name,see the clot on page 4 for guidelines on whose or4iayer Idommortlon amber number b eta. 3164-213I til 7 14 12 131 Part II Certification Under penalties of perjury,I certify that i. The number steam on acs form is my correct taxpayer ideuhiicahon number(or I am wailing for a number to be issued to me),and a Ian not subject to barium with ohdng because:Wan exempt from backup with ok erg.or Wiese have not been netted by the Internal Revenue Service ORS)that I an subject to backup witlaholding as a result of a Its to report at interest or dividends,or(c)the IRS has rwtliad me that I an no longer subject to backup withholding.and 3, lam a LLS person Onckidig a U.S mart afar). Csra@Yaion islrualons.You must cross out lien 2 above If you have been notified by the IRS the you are currently subject to backup witloldng because you have fated to report of interest and dividends an your tax return.For real estate transactions,ten 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancelation of debt,cmhibutions to an i divid,al Siena[ arrangement(WA),aid genwaly,payments other than interest and dvieras,you tie not required to sign the certlloation,but you must provide yam correct TIN(See the istrucaas on page 4) Sign Hem uspeae ► 7- ar —'`N" k✓ OS► 492$I t( Purpose of Form •An individual who is a citizen or resident of the United A person who is required to file an infatuation Mum with the States. IRS,must obtain your cared taxpayer identification number •A partnership,corporation,company,or assodetiori MN)to report,for example,income paid to you,real estate cleated or organized in the(kited States or under the laws transactions,mortgage interest you paid.acquisition or of the(kited States,or ebandctnent of secured property.cancellation of debt,or •My estate(other than a foreign estate)or trust.See contributions you made to an IRA. Regulations sermons 301.7701-6(a)and 7(a)for additional U.S.person.Use Form W-9 only if you we a U.S.person mionnadon. enduring a resident afet),to provide your area TIN to the Special rides for partnerships.Partnerships that conduct a person requesting it(the requester)and.when app cable.to: trade or business in the(kilted States are generally required 1.Certify that the TIN you are giving is coned(or you we to pay a withholding tax an e y foreign partners'sham of waiting far a matter to be issued). Income from such business.Folder,kr certain cases where a 2.Certify that you are rat sutlers to bat „athh ang,or Fain W-9 has not been received,a partnership is required to S.Clan exemption flan backup wiWokig if you are a witpree not that a partner s a fyou foreign a U.Son,and pay the US.exempt payee. partner atn r kiia tax.partnership tie,if you me a U.S.person that is a hi 3 above,if amicable,you we also certifying that as a �States Form the trepartrsrsh to or business h the US.person,your allocable shoe of any partnership Mame eSabrab your U.S.status and avoid w0timidvg at yaw from a U.S.trade or business is nut subject to to of partnership income. withholding corner.foreign partners'share of effectivelycomected The person who gives F W-9 to the partnership for Naas.1 a recpester gives you a ram other than F W-9>p purposes of establishing is U.S.stabs and avoiding wlihhokIng on its allocable share of net income trorn the request your TIN,you muss use the requester's form if it is partnership a trade or business in the(kilted substantially singer to this F W-9. States is in the following cases: For federal tax paposes,you are considered a person It you •The U.S.owner of a disregarded entity and not the entity, are Cat No.11P31X Fare W4 fie.II-2005) ADDENDUM#1 BID REQUEST NO. B1100094 ELEVATOR UPDATE-PROBATION DEPT/BLDG BUILDING &GROUNDS DEPARTMENT PLEASE CHANGE THE FOLLOWING TO THE BID SPECIFICATIONS: 1) Replace pages 6—8 with the following pages. ***Please skin and fax back to Weld County Purchasing(a7 970436-7226. Thank Your* Addendum received by: ! C:)t e 1 C-- FIRM 3 i egoc_ss rbzoL ADDRESS giJCTlr CIO CO 5011 CITY AND STATE BY . Mvf 't? -nc.A/ TITLE JUNE 13, 2011 ****************ti REQUEST NO B1100094 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF FINANCE&ADMINISTRATION DATE: MAY 26T", 2011 THIS DOCUMENT CONTAINS GENERAL INFORMATION FOR THE PURCHASING PROCESS OF WELD COUNTY GOVERNMENT. ALL ITEMS MAY NOT BE APPLICABLE. ACTUAL BID SPECIFICATIONS WILL BE FOUND FOLLOWING PAGE 5. I. NOTICE TO BIDDERS A. The Board of County Commissioners of the County of Weld, State of Colorado, by and through its Director of Finance &Administration,wishes to purchase the following: ELEVATOR UPDATE—PROBATION DEPT BUILDINGS&GROUNDS DEPT B. Bids for the above stated merchandise, equipment, and/or services will be received at the office of the Weld County Purchasing Department, 3r" Floor, 915 10th Street, Greeley, Colorado, 80631 until: TUESDAY, JUNE 28, 2011 Cat 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BE ADVISED THAT THE WELD COUNTY CENTENNIAL CENTER, 915 10'" STREET, GREELEY COLORADO IS A SECURE FACILITY. ALL PERSONS ENTERING THE BUILDING MUST PASS THROUGH SECURIY. IF YOU DECIDE TO DELIVER YOUR BID IN PERSON YOU SHOULD ALLOW ENOUGH TIME TO ARRIVE AT THE PURCHASING DEPARTMENT AT OR BEFORE THE ESTABLISHED BID TIME. II. INVITATION TO BID A. The Board of County Commissioners of the County of Weld, State of Colorado, by and through its Director of Finance &Administration, requests bids for the purchase of the above- listed merchandise,equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to: to be specified. C. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Board of County Commissioners of Weld County to pay if awarded the bid. D. Bids may be mailed, faxed, or emailed. If mailed, bids should be in put in a sealed envelope that has the bid number and title of the bid typed or printed in plain sight. One original and one copy of the Bid must be submitted at the time of the bid opening. One complete bid document, which will be the only official copy of the bid, shall be filed at the purchasing department. After certification of the bid, by purchasing, the other copy will be sent to the applicable department(s) for review. The mailing address is: Weld County Purchasing, 915 10"'Street, Room#334, Greeley CO 80631. Bids may be faxed to 970-336- 7226 attention purchasing; and the vendor must include the following statement on the facsimile, "I hereby waive my right to a sealed bid". Bids may be emailed to: mwaltersAco.weld.co.us or reverettCdico.weld.co.us. We will send you an email confirmation when we receive your bid/proposal. Bid information and bid tabulations can be found at www.co.weld.co.us listed under the Purchasing Department. (Please check website for any new Information/addenda before submitting your bid.) Page 2 III. INSTRUCTIONS TO BIDDERS A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full-business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of Finance&Administration, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. B. Bids may be withdrawn upon written request to the Weld County Director of Finance & Administration received from bidders prior to the time fixed for opening. Negligence on the part of bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidder's risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section I., entitled "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise specified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, the Board of County Commissioners of Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that the Board of County Commissioners of Weld County will give preference to suppliers from the State of Colorado, in accordance with Section 30-11-110, CRS,when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County. Page 3 J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this bid package which are made by Weld County, Colorado, after the bids have been distributed to prospective bidders, and prior to the date and time of bid opening,will be made in writing and signed by Weld County's Director of Finance & Administration. No employee of Weld County, Colorado, is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of Administrative Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County, Colorado, against all claims for royalties,for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.)8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents,warrants, and agrees that it(a) has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and(b)otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq.,Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18)years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4)if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it(a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)shall produce one of the forms of identification required by C.R.S. 24-76.5-101,et seq., and (c)shall produce one of the forms of identification required by C.R.S.24-76.5-103 prior to the effective date of this Contract. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County, Colorado. O. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of Finance & Administration for the premature opening of a bid not properly addressed and identified. Page 4 P. In submitting the bid, the bidder agrees that the acceptance of any and all bids by the Board of County Commissioners of Weld County within a reasonable time or period constitutes a contract. The Board of County Commissioners of Weld County, Colorado, reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board, is to the best interests of the Board and of the County of Weld, State of Colorado. Q. No delivery shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of Finance & Administration. It is understood that it is necessary for all invoices to be made out to Weld County, Colorado, not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P O Box 758, Greeley, Colorado 80632. R. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. IV. DEFINITIONS A. "Standard": When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer": A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one(1)year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal": The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS,CONDITIONS AND INFORMATION A. Design: Any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. Page 5 B. Pre-delivery Service: Office equipment is to be delivered, as directed, unpacked, assembled, cleaned and adjusted for immediate use at a location designated by the Weld County Director of Finance &Administration. Motor vehicles and other items of equipment shall be ready for immediate use at the time of delivery to a designated location. The equipment shall be clean and all instruments properly adjusted. The inflation of tires must be checked, lubrication completed, the crank case checked for proper oil level, and any other servicing normally provided by dealers shall be performed. Operating and maintenance manuals shall be provided at the time of delivery. Parts and price lists shall be included when special equipment is purchased or when requested by Weld County. C. Acknowledgment and Delivery Schedule of Initial Order: Time is of the essence. A delivery schedule of not more than calendar days after receipt of the order shall be deemed reasonable and serve the best interests of Weld County, Colorado. Proposals exceeding this schedule may be rejected. Delivery will be made on or before , 19_ The successful bidder shall acknowledge the receipt of the order and certify delivery as scheduled. D. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and 3. The goods sold to Weld County, Colorado pursuant to this bid conform to the minimum Weld County specifications as established herein. The successful bidder shall further warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. E. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. F. General Information: Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. BID REQUEST NO#61100094 Page 6 Monica Mika Director of Finance&Administration 915 10th Street P.O. Box 758 Greeley, CO 80632 Dear Monica: The undersigned, having become familiar with the specifications for an ELEVATOR UPDATE — PROBATION DEPT for the Buildings&Grounds Dept., hereby proposes to sell and deliver to Weld County as set forth in the following schedule: See bid specifications(Page 7) $ RIr3&S'1 MODERNIZE ELEVATOR $ M t ADD, OP Option 1: Cost to replace Car& Hoist way Doors $ )O1S'Wi t PROPOSED START DATE A mandatory pre-bid conference will be held on June 9th, 2010 @ 10:00 AM at 934 9th Ave, Greeley 80632, Greeley CO 80631. Bidders must participate and record their presence at the pre- bid conference to be allowed to submit bids. Bids will be received up to, but not later than Tuesday. June 28. 2010 Cc9 10:00 AM, (WELD COUNTY PURCHASING TIME CLOCK). I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all the specifications it has so indicated in this bid form. • The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board, is to the best interests of the Board and of the County of Weld, State of Colorado. The Board of Weld County Commissioners shall give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality. FIRM E "mac . BY GAR`( RuNz BUSINESS ADDRESS 3 't'r.s EaNII SC DR-4 £P-5 DATE 61 n\tt CITY, STATE, ZIP CODE -Agit OOOP i �� Fail TELEPHONE NO303-7W 303 FAX NO, "7`/q'b3jo9 TAX ID# 3b-a3(1923 co-n K(Include KoNtrw /bid) SIGNATURE -747-5 EMAIL 1�,4.E'�✓R WELD C NTY IS EXEMPT FROM COLORADO SALES TAXES. THE TAX EXEMPT CERTIFICATE NUMBER IS#98-03551-0000. BID REQUEST NO#61100094 Page 7 DESCRIPTION This project consists of a design/build contract for the turn-key full modernization of the existing elevator at the Courthouse Annex (a.k.a. Marlborough Building) located at 934 9"'Ave, Greeley 80632. The existing elevator is registered with the State of Colorado Department of Labor and Employment with the following information: State Manufacturer Elevator Year Installed Landing Conveyance Drive/Type ID Hydraulic/ 1963 2 CP08-006352 Dover Passenger Scope of work: 1. Provide labor and material as required to fully modernize the existing elevator components with one that is fully code compliant. This modernization should be non-proprietary and should include the maximum level tool(s) needed for future troubleshooting of anomalies/components. 2. Replace the controller, submersible power unit, cab door operator, clutch, double-bottom jack unit(cylinder/piston/protective liner) pick-up rollers and interlocks. 3. The following equipment should be retained: hoist way entrances, doors, door hanger rollers, pit equipment, and rails. 4. Machine Rooms: bring access and rooms into compliance with current codes. 5. Fire System interface/recall: bring into compliance with elevator/fire codes. (smoke detectors, shunt trip, etc. as required code) 6. Upgraded signals, personnel access, and phone will comply with Americans with Disability Act and OSHA. 7. Complete all fire/state/County required applications, permits and notification of modernization activities. Coordinate with Weld County to obtain appropriate county construction permits. 8. The interior of the car will be updated as necessary to bring into ADA compliance. In addition, the interior finish should be stainless steel throughout. This also includes upgrading the lighting and ceiling panel(s)with a stainless steel finish and lighting. Identify the proposed method in your scope of work. 9. Include detailed scope of work included/excluded in bid. 10.Once work has commenced (e.g. elevator taken out of service)the contractor shall be allowed 4 weeks to complete all work. BID REQUEST NO#B1100094 Page 8 11.The completed work must be inspected and passed by a certified inspector (provided by County)who is currently licensed with the Colorado Department of Labor and Employment Division of Oil and Public Safety to perform inspections. 12.This is a design/build turn-key modernization. Therefore, all work required to be accomplished (i.e. electrical, elevator, architectural modifications, etc.)shall be included in the bid price and construction/modernization schedule. This shall include all additions, alterations, and new work required to ensure full modernization and code compliance is achieved. 13.At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. 14.Sump Pit must meet applicable codes. 15.Performance bond is required, 16.The option to replace the car& hoist way door costs should be identified in the event asbestos is discovered inside the elevator door. KONE KONE MODERNIZATION PROPOSAL SPECIFICATION PREPARED FOR: Board of County Commissioners of the County of Weld, State of Colorado, by and through its Director of Administrative Services PROJECT NAME: Bid Request # B1100094 LOCATION: 934 Ninth Ave Greeley, CO 80631 DATE: June 28, 2011 Page 1 of 9 SCOPE OF WORK: The existing elevator, as explained below, will be modernized in accordance with the explanation provided herein. Where additional or replacement items are made a part of this bid, a complete description is provided. Where existing equipment and/or systems are to receive adjustment, repair, etc., clarification of this intent is provided. KONE reserves the right, at its sole discretion, to replace any item described in this bid as one which is to be rehabilitated. Where existing equipment and/or systems are not mentioned, the intent of this bid is to reuse said item(s)"as is". Hydraulic Passenger Specification Outline Logic Control: KCM 831 Power Control: Solid State Operation: Full Collective Operational Features: New Power Unit: New Mechanical: Rehab jack Unit: New Guiderails: Retain Electrical Features: New Door Operation: ReNova Package A2 Entrance Work: Retain Door Panel Work: Retain Entrance Frame Work: Retain Transom: Retain Hatch Sill Work: Retain Fixture Design: New ReVive 500 Series Hall Fixture Finish: New Car Fixture Finish: New Cab Design: Stainless Steel Throughout Warranty Period: 12 months 110 NOPage2of9 Hydraulic Passenger Detail Description KCM 831 ELEVATOR LOGIC CONTROL The Logic Control operation will be accomplished utilizing Microprocessor Computer Logic Control. The Elevator Control Program will be contained in non-volatile, programmable, read only memory. Control will be constructed such that future alterations in elevator operation may readily be made by altering the read only memory. Safety circuits will be monitored and controlled by the programmable Logic Control for redundant protection. The KCM 831 Elevator Logic Control will be contained in a Cabinet. The KONE Controller will control starting, stopping and prevent damage to the motor from overload or from excess current. It will automatically cut off the power supply and bring the car to rest in the event of operation of any of the safety devices. The controller will be enclosed in a cabinet within the Machine Room. Pump motor will be provided with solid state starting feature. SELECTIVE COLLECTIVE OPERATION Pressure upon one or more Car Buttons will send the car to the designated landings in the order in which the landings are reached by the car, irrespective of the sequence in which the buttons are pressed, provided the hoist way door interlock and car door switch circuits are completed. During this operation, the car will also answer calls from the landings which are in the prevailing direction of travel. Each landing call will be cancelled when answered. Pressure upon a Hall Button at a floor above the car location will cause the car to start Up and answer any Up calls as they are reached by the car irrespective of the sequence in which the buttons had been pressed. The car will not stop at floors where Down buttons only had been pressed. If no further Car or Up Hall calls are registered, the car will reverse its direction preference for response to Car Calls or Down Hall calls. The car will start Down to answer calls below the car and will not stop where Up calls only are registered. When traveling Up, the car will reverse at the highest call and proceed to answer calls below it.When traveling Down, the car will reverse at the lowest call and answer calls above it. Should both an Up and a Down call be registered at an intermediate landing, only the call corresponding to the direction in which the car is traveling will be cancelled upon the stopping of the car at the landing. Terminal limit switches will be provided in the hoist way designed to automatically stop the car at or near the closest terminal landing. REDUCED SPEED CLOSING If, after a predetermined & adjustable time, the car door is held open, an audible signal will sound and the door will close at a reduced speed as long as the obstruction is present. If the obstruction is not removed, the door will continue to try to close until the obstruction is either removed or until the expiration of a preset time, at which the door will stop. After the obstruction is removed, the door will either reopen or continue to close after a Call/Hall call button or Door Open/Close button is pressed. 00!N� Page 3 of 9 OPERATIONAL FEATURES OPERATION OF ELEVATOR(S) UNDER FIRE OR OTHER EMERGENCY CONDITIONS KEY OPERATED SWITCH AT MAIN FLOOR A three-position key operated switch will be provided at the floor closest to the grade level (i.e. main floor)for each single elevator or each group of elevators in one common bank.The key will be removable in the ON or OFF positions only. When the switch is in the ON position, all elevators controlled by this switch (which are on automatic service) will return non-stop to the main floor where the doors will open and remain open. SENSING DEVICES: "Heat and Smoke" or"Products of Combustion" Sensing Devices must be installed in accordance with NFPA No. 72E in each elevator lobby at each floor and in the elevator machine room. The activation of any elevator lobby Sensing Device will cause all cars that serve that lobby to return non-stop to the main floor. When the Sensing Device at the main floor elevator lobby is activated, all cars that serve that lobby will return non-stop to a predetermined alternate floor. Activation of a machine room Sensing Device will cause all cars to return to a predetermined landing. The key operated switch at the main floor (described above), when turned to the BY- PASS position,will restore normal service independent of the Sensing Devices. Control circuits and wiring for Sensing Devices from hoist way to elevator controller will be furnished by KONE. Provision of Sensing Devices, wiring from Sensing Devices to elevator hoist way and the installation of same will be the Purchaser's responsibility(NOT KONE). SPECIAL SERVICE SIGNAL: When either the main floor key switch or a Sensing Device is activated and elevator(s) are operating under any Special Service condition (including Inspection Service), both a visual and audible signal will be activated in the car(s), alerting the "attendant" to return non-stop to the main floor. INDEPENDENT SERVICE A switch will be provided for selecting Independent Service Operation.When this switch is turned to the "ON" position, all previously registered car and hall calls for that car will be cancelled and the car will be transferred automatically to Independent Service for operation by an attendant. The car will park with its doors open. Closing of the doors and starting of the car will be subject to constant pressure on a car button until the car starts in motion. After the car is in motion, the button may be released and the car will automatically proceed to and stop at the landing for which the closest car call has been registered. Upon arrival at the floor, all registered car calls will be cancelled and the doors will automatically open (assuming power operated doors have been proposed). During this operation,the control system will not accept Hall calls. IO N: Page 4 of 9 HYDRAULIC POWER UNIT A Hydraulic Power Unit, especially designed and manufactured for this service, will be furnished. The motor and pump will be submersed under the oil inside the tank in order to provide for sound isolation. A muffler, designed to reduce pulsation and noise, which may be present in the flow of hydraulic oil,will be provided in the oil line at the top of the pump. Control valves, including safety check valve, up direction valve with high pressure relief including up leveling and soft stop features, lowering valve including down leveling and manual leveling feature, will be mounted in a compact unit assembly. A valve, designed to shut off the flow of oil between the cylinder and the Power Unit, will be provided in the oil line in the machine room. Automatic two-way leveling will be provided to automatically stop and maintain the car approximately level with the landing, regardless of change in load. An Up traveling car will automatically descend to the lower terminal landing if the hydraulic system does not have a sufficient reservoir of oil. Power operated car and hoist way doors will automatically open at the lowest terminal landing permitting passenger egress. The doors will then automatically close and all control buttons, except the Door Open Button in the car operating panel, will be made ineffective. NEW HYDRAULIC TACK UNIT: We will remove the existing hydraulic cylinder and furnish/install a new hydraulic cylinder. First, we will secure the elevator cab to the top of the hoistway. We will then drain the hydraulic oil from the system and remove the complete hydraulic cylinder assembly. After removal of the complete hydraulic cylinder assembly, we will verify the plumbness of the existing hole. Once verified, a Polyvinyl Chloride, PVC, enclosed casing will be installed as necessary. The PVC enclosed casing (if one of sufficient quality and size is not present) is installed to help provide adequate cathodic protection from the future electrolysis and to provide an environmentally safe system. Once the PVC enclosed casing is installed the new hydraulic cylinder will be installed. Then hydraulic cylinder is made of heavy seamless steel and fitted with a steel end cap. The end cap is a dished seamless construction and is equipped with a safety bulkhead. Upon installation of the hydraulic cylinder, the existing hydraulic plunger will be inserted. We will then fill the hydraulic system with new hydraulic oil and attach the cab to the hydraulic plunger. A full load safety test will be performed to ensure the proper operation of the elevator system. SPECIAL NOTE: We can assume no responsibility for unusual conditions such as hole cave in and complete hydraulic cylinder assembly embedded in concrete. The excavation of the hole to accommodate the hydraulic cylinder assembly is based on encountering soil free of rocks, boulders, building construction members, sand, water, quicksand, underground caves and/or any other obstructions or unusual conditions. Should such obstructions or unusual conditions be encountered and additional time above or beyond the three (3) working days estimated to complete the jack replacement is required;we will proceed on this portion of the repair on a time and material basis, billing you at our normal rates. K,O NO Page 5 of 9 FIELD PIPE AND ACCESSORIES All existing oil line piping (including the victaulic couplings) leading from the hydraulic cylinder(s)to the Power Unit will be reused. A manual valve, designed to shut off the flow of oil between the cylinder(s) and the power unit, will be provided in the oil line at the pit. BUFFERS The existing Spring Car Buffer(s) will be retained and reused in place. The buffers will be thoroughly cleaned and tested to insure correct operation. HOISTWAY WIRING KONE will remove all existing wiring, conduit and duct from the hoist way. New conduit and duct properly sized and constructed for the job requirements will be installed (in accordance with applicable codes). New wiring will be provided in the hoist way, adequately sized and constructed for the proper operation of the equipment. Multi-conductor type wiring for light and signal circuits shall be used in the elevator hoist way. All conductors will be copper and the minimum size of conductors, excluding those which form an integral part of control devices, shall be No. 14 for lighting circuits and No. 18 for operating, control, and signal circuits. Except for lighting conductors in traveling cable, No.18 conductors may be used in parallel to provide a current carrying capacity equivalent to not less than No. 14 size. Connections to the controller will be made in a manner that minimizes transmission of vibration or noise. TRAVELING CABLES KONE will remove the existing traveling cables and replace with new traveling cables designed for elevator service. The cables will be sufficiently flexible to readily adapt to all changes in the position of the elevator car and hang straight without twist. The open loop will show no tendency to twist upon itself.Traveling cables will have non-metallic fillers and will be suspended by Kellum grips or looping cable around supports. The traveling cables will include telecommunication cabling and will terminate in a terminal box located on the car. The terminal boxes will have approved terminal strips for connecting conductors and will be provided with approved strain devices required to connect the supporting strands and relieve the traveling cable conductor's strain. The swing of the traveling cables will be checked when the elevator is running and any shields and pads necessary to prevent chafing will be installed. The traveling cables and the corresponding groups of conductors connecting these cables to the control, signal, and car operating panels will each contain at least 10 percent spare conductors, but not less than two spare conductors of the same size and type. Each traveling cable conductor shall have a distinctive color-coded outer covering for identification.Terminal blocks will have indelible identification numbers for each terminal connection. Provide shielded wires for communication. Replace existing traveling cable hitches if necessary. ZONE Page 6 of 9 DOOR OPERATOR EQUIPMENT The KONE ReNova Complete Replacement package (package A2)will be provided and installed. Package A2 includes complete replacement of the existing car door operation equipment and replacement of the hoist way interlock and pickup roller assemblies. • KONE ReNova is designed for up to 800,000 door cycles per year(1 cycle=open +close). • Door opening time is adjustable down to 1.8 seconds, and door closing time is adjustable down to 2.2 seconds(Based on 42 inch by 84 inch center opening doors). • Average noise level of less than 55 d6(A). • The ReNova V3F-inverter drive is integrated with door control electronics to form a uniform drive module. • Location of the motor is optimized directly above the door panels, vertically in line with the center of gravity of the doors.This, together with toothed belt torque transmission eliminates complicated mechanical cams and provides highly reliable and optimal performing door operation solution. • AC 3 phase permanent magnet synchronous motor eliminates the need for brushes. • Closed-loop operation constantly adapts to changing conditions to maintain the predefined performance profile. • Self-learning set-up feature automatically adjusts the system to meet the performance profile requirements. This reduces installation and down time. • Restrictive device is integrated with the clutch assembly. The restrictive device prevents the car doors from opening when the car is outside the landing zone. Door movement will be cushioned at both limits of travel.An electro-mechanical interlock will be provided at each hoist way entrance to prevent the operation of the elevator unless all doors are closed and locked.An electric contact will be provided on the car at each car entrance to prevent the operation of the elevator unless the car door is closed. Door hangers and tracks will be provided for the car door. Track will be contoured to match the hanger sheaves. The hangers will be designed for power operation with provisions for vertical and lateral adjustment. Car equipment included: Operator, clutch with integrated door lock, door top adapter bars (if required)and tracks and hanger roller assembly. Hoist way equipment included: Emergency opening device, pick-up roller assembly, interlock and reel closing device (if required). The hoist way track, hanger roller assembly, and door closer will be retained and reused. ADDITIONAL ENTRANCE FEATURES KONE standard entrance jamb tactile markings (i.e. Jamb Plates) will be supplied on both jambs, at all floors. Plates will be surface mounted. Plates will be finished to match stainless steel. KONIPage 7 of 9 REVIVE 500 DESIGN SIGNAL FIXTURES Each elevator included in this Proposal will be equipped with a Main Car Operating Panel which will contain call registration buttons in accordance with the Logic Operation proposed.The Main Car Operating Panel will also include an emergency stop switch, alarm button and light switch as well as any other device(s) required by applicable code and/or as explained within this Proposal. Each Car Operating Panel will be equipped with L.E.D. illuminating pushbuttons which, when pressed, will signal the car passenger that the call has been registered. The L.E.D. will remain illuminated until the call has been answered. Telephone instrument(s) meeting A.D.A. requirements will be provided by KONE. A separate telephone line will be provided in the Machine Room by the Purchaser, NOT KONE. The Main Car Operating Panel will incorporate a fluorescent, dot-matrix display Car Position Indicator showing car position in the hoist way with single or dual numeral and/or letter floor designations along with an arrow corresponding to the direction of car travel. All devices operable by the general public and mounted in the Car Operating Panel(s) will be identified with Braille and/or tactile symbols. The Car Operating Panel(s) and Hall Pushbutton Stations will be located (vertically) in accordance with code requirements to assist the handicapped. As a minimum, all Braille indicators will meet the requirements of the American Disabilities Act(ADA). Car Direction Sign(s) will be supplied which will include directional indications and an audible signal. The appropriate arrow will illuminate corresponding to the direction, which the car is set to travel. The audible signal will alert passengers in the car and at the landing to signal illumination, sounding once for UP and twice for DOWN. This device will be supplied in each elevator of the proposed system and mounted. Hall Pushbutton Stations will be provided at each landing served by the elevator system proposed.The number of Hall Stations per landing will be 1. L.E.D. Illuminating Pushbuttons will be provided in each Hall Pushbutton Station which, when pressed, will signal the waiting passenger that the call has been registered. The L.E.D. will remain illuminated until the call has been answered. An Inspector's Operating Station will be provided on top of the elevator car consisting of Up and Down constant pressure buttons and an emergency stop switch. This device will also contain a light with guard and switch and a duplex, 120 VAC outlet. A light with guard & switch and a duplex, 120 VAC outlet will be provided under the car. An Emergency Stop Switch will be provided in the elevator pit, designed to cut off current supply to motor and bring the car to rest independent of the regular operating devices.An electric Alarm will be provided in or adjacent to the elevator hoist way. This alarm will be connected to the alarm button in the car operating panel. NEW CAR AND HALL FIXTURE FINISH All metal used on exterior surfaces of the car and hall signal fixtures at at All Floors will be #4 (Brushed)finish Stainless Steel. CIO NI Page 8of9 CAB New lightweight textured stainless steel cladding will be applied to the existing side walls. A new handrail will be provided on the non-entrance side of the elevator cab. A new aluminum framed ceiling with translucent panels will be provided. HYDRAULIC ELEVATOR PREPARATORY WORK SEE ATTACHMENT A-CONSTRUCTION BROKERS INC PROPOSAL DATED IUNE 27, 2011 SPECIAL PRECAUTIONS Any Asbestos removal necessitated by the work described in this Bid will be the Purchaser's responsibility (NOT KONE). Based on the posted 1998/9 reports of ACM identified and abated supplied on Weld County website, our Bid work will not disturb any of the material cited in the basement or hoistway. Any removal of contaminated soil, over-excavation of the cylinder hole, or testing that is associated with the removal of a hydraulic jack assembly shall be the Purchaser's responsibility (NOT KONE). KONE has not been required by the State of Colorado or any other jurisdiction to test or provide special disposal of underground materials. REPORTS TO PURCHASER Where this Proposal includes KONE's review of the condition of any item, KONE will report the results to the Purchaser in the event that the results impact the work as proposed. PERMITS KONE will secure and pay for Elevator Inspection and Permit. KONE will also be responsible for securing and paying for any other inspections and/or permits, including electrical permits, as identified in Attachment A. END OF SCOPE KIONOPage 9 of 9 A CONSTRUCTION BROKERS, INC. IT General Contractors Serving Clients Since 1954 June 27,2011 KONE Elevator 3 Inverness Drive East Englewood,CO 80112 Attention: Mr. Gary Kunz Reference: Weld County Probation Center Elevator Modernization Bid Request B1100094 934-9th Avenue,Greeley, General Contractor Scope/One Revision distributed. NOTE: Performance Bond by Prime Elevator Contractor—we will not provide a BOND. PROPOSAL We propose to provide all labor, material,equipment, insurances,taxes,supervision, drayage, \ engineering letter for new machine room walls, permits as required, and testing to perform the following scope of work. We do not include full-sheet architectural,mechanical, electrical, or FA/FS drawings. Note: We base this Proposal on twenty years(20)of successfully performing Elevator Modernization projects around the U.S.As a decades long-established commercial General Contractor,we carry $11,000,000 in General Liability insurance coverage for each occurrence and name your firm as an additional insured on our coverage. Sco e: 01: We will provide and install two new rated walls and ceiling in existing machine space in basement. We will tape these walls, but do not include mudding and painting for this mechanical space. 02: We will demo two existing pit doors and rate both openings. 03: We will provide and install a new rated machine room door, closer, hardware, and frame. Keying of new machine room door to be by Owner. 04: We will provide and install a new rated pit door, closer, hardware, and frame. Keying of new pit door to be by Owner. Existing hoistway walls to be retained;no additional drywall layers provided. 05: We will provide and install a new poured concrete pit floor to level pit floor,with a new drain.We will trench out and install piping to lower adjacent floor with existing sump pump.We were unable to test sump pump or located installation or equipment data that it will meet 50 GPM Code requirement. 06: We will provide and install a new dedicated circuit for the existing sump pump adjacent to elevator pit floor. Items#5 and#6 are VE for County. We provide an alternate. We do not include an oil minder or oil separator or alarm for this hydraulic elevator sump pump at contractor's direction. (continued) Page 2 Weld County Probation Center Elevator Modernization—page 7 Scope of Work revised June 27, 2011 Scope: (continued) 07: We will provide and install two new fusible link dampers for supply and return of air in new machine room space. We do not include any additional HVAC for machine space in this basement. 08: We will tape the existing hoistway drywall. We do not include firemud or an additional layer of sheetrock:one layer each side should provide a one hour rating and recent construction of lobby walls should have been performed to Code requirements by previous Contractor. 09: We will rate the backs of the elevator call button fixtures. 10: We will bevel hoistway ledge. 11: We will rate conduit pipe penetration in hoistway wall. 12: We will enclose the illegal hoistway hatch to the attic area. Owner to provide other means of accessing building attic for non-elevator personnel. 13: We will reroute the ducts and abandoned pipes that through the machine space. 14: We will reroute the sprinkler pipes and supply that run through the machine space. We will retain the sprinkler heads that serve the machine space and the hoistway space in 'as is'condition. 15: We will provide and install new cab light disconnect and circuit per Code. 16: We will provide and install Code-compliant guarded lighting in machine space. 17: We will provide and install Code-compliant guarded lighting in pit. 18: We will provide and install new GFCI receptacle in machine room and pit. 19: We will provide and install a new switch for the elevator pit by new pit door. 20: We will provide and install a new switch for machine room by new door. 21: We will provide and install a new shunt trip breaker with set of auxiliary contacts at same amperage as existing.Any increase in amperage for same will result in additional cost for new equipment. 22: We will relocate existing elevator feed and wire new equipment for new elevator equipment. 23: We will provide and install upgrades to existing fire alarm system, retaining existing panel and devices, and adding new smokes, new heats, new relays,wiring, and conduit in hoistway, lobbies, and machine room. 24: We include programming, pre-testing,and testing and submittals to provide elevator recall (primary, secondary, and fireman's hat) and one test with the elevator inspector regular hours. Additional testing will be at$525.00 per test. 25: We will provide a soffit to encapsulate the copper piping in corner of the new machine space. 26: We will haul away all debris and leave job site broom clean. 27: All work to be performed during regular business hours M-F 7AM-5PM. Standby Time: We estimate that we will require your mechanic to operate the elevator for our installers up to eight (8)hours to complete our scope of work in the hoistway. We can perform our hoistway work during elevator modernization to VE these costs. Please allow time for this in schedule. (continued) Page 3 Weld County Probation Center Elevator Modernization—page 7 Scope of Work revised June 27,2011 Exclusions: 01: We exclude any hazardous material abatement. 02: We exclude any evening,weekend,or overtime hours in our Proposal. 03: We exclude correction of any items not visible to inspection during the job site visit. 04: We exclude any cutting and patching for lobby fixtures. 05: We exclude any fire alarm upgrades except as noted. 06: We exclude any hoistway venting. If City requires venting, it is likely abatement testing and remediation procedures not included herein will be needed to cut opening in roof and install venting. NOTE: Any item not specifically identified herein in outside the scope of this Proposal. Alternate: To provide and install a dedicated sump pump,sump pit, and run to nearest drain,excluding stamped drawings or mechanical permit or abatement of hazardous materials.........ADD$4,800.002, We do not know if the City of Greeley Building Dept. during plan review may characterize this project as new construction. Our plan to utilize existing sump pump in adjacent area may not be approved. To provide and install a wall-mount AC unit for machine space to vent into mechanical area,excluding stamped drawings or mechanical permit but do include equipment submittal.........ADD$1,900.00 "t To demo existing cab wall material (retain cab ceiling,cab floor vents, C.O.P.) and install new 24 g stainless sheeting and two new handrails ADD$3,600.00 (we do not include permitting of this cab finish—elevator contractor to provide permit and drawings) Clarifications: 01: We do not include Davis-Bacon wage rates;we did not find in the original bidding documents any request for same. 02: We do NOT include any hazardous material abatement; based on the posted 1998/9 reports of ACM identified and abated supplied on Weld County website,our BASE BID work will not disturb any of the material cited in the basement. We offer NO abatement of the hoistway,elevator doors, machine space, or other areas that might be affected in scope as described above. We offer no abatement for any of the elevator scope work to be supplied. Disturbance of asbestos materials by elevator contractor is not within our scope of work nor is abatement of same. We have not performed any asbestos testing. 03: We do not include new hoistway construction or any work being performed on existing brick wall. 04: We do not include sheetrock over existing stone/brick exterior wall in machine space. (continued) Page 4 Weld County Probation Center Elevator Modernization—Scope of Work revised June 27, 2011 We will provide a submittal for new machine room door. We will provide a submittal for new smoke and heat devices.We include new shunt trip breaker submittal. We do not include any other material submittals. Please note if this building is listed on Historic Register,our permit covers the Building Dept only.We were not asked to provide Historic Register review and permits. We appreciate the opportunity to quote this Project to you. Please do not hesitate to contact us if you should have any questions. Our Proposal will remain in effect for up to thirty(30)days. Respectfully submitted, CONSTRUCTION BROKERS, INC. Baxter Michelle Baxter, Regional Manager Cc: Joseph Miceli, President Cc: Phil Woodward, Operations Manager Midwest Office C B I Western Office (816)471-7094 12441 Mead Way, Unit A (303)932-7020 (816)471.1310 Fax Littleton,CO 80125 (303)470-0381 Fax www.cbikc.com o 4 CO f-1 G SJ F.+� 7 o Fy r r o t. 8 1 3 C -, aC .- .- ,- ,- . r r r _ C . ti . . .- r . r . . r 'o n N a C a io C a n `a ao 'a a3 - U t!! n a'� rn o o a o a a a s a g o o C C L - m = .C r 3 .C N- r r- T r w T r d 00 ILO LL It LL LL LL LL H LL LL U. LL wn n n n o p�'V3 a a o a a a a a G c_ c cO 0 O O O O O 0 O 7 LL C 7 7 Cp 2 7 C C 22222 2 Oi l 3 I 1 g. R T W N T T T a3T T # _ .. W 4 v " v a -8v v a 'a 2 O O co 0 NNN N 3 r 0 C O w d o U Q m Z m es V 0 t? 0 JO -204-, 42' E I . I o`ac .1c w E _ 3 . e a, 3 m• 3415 . t N w c ma. -- Et"' a i° c C ir _' O > :a E 8 8 1 1 e E .oCA 3 W r o. m a $ ". 2 0 ' ' d '' = o a c m R CIS Z E m a+ = m ++ �' p p 'ti 3 C m > ate.. R > W 47 -, C U Z O U LL Q ry 'p m 0 E O m R m m d AI F-o O H W '5 Cr W L' i— 0.- (NI M )c! 0 P co pf 0 `- N 0 Y Lc 0 ts• ° 0 2 N N , , Eww/e'r 3 (z e0 S5 DA ACORD_ CERTIFICATE OF LIABILITY INSURANCE ,2/MM9YY) PRDDOGER AoO Risk Services Central,Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Chicago IL Office HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 200 East Randolph ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW, Chicago,IL 60601 INSURERS AFFORDING COVERAGE NAR:M MIMED KONE Inc. INSURER A OM Republic Insurance Company INSURER B: One KONE Court Taw:— II Greet C: :alwn IN,II.V 1 aw INSURER D: Ann: Law Department FAX a 309-743-5800 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTwITHSTANONG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRIT RESPECT TO WHICH 1HS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEWN IS SUB.ECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY END CLAIMS. LIMITS SHOWN ARE AS REQUESTED I W TYPE OF INSURANCE POLICY NUMBER Dj.' I,} aE P�I I L I Ya1 LIMITS GENER1LLUAeuTY EACH OCCURRENCE f 10,000,000 A TXMILERCIAL GENERIA-L-L1NBAm MWZY 57732 0110112010 01/01/2011 � TPOD®AMI f 10,000,000 (CLAMS MADE nOCCUR MED DIP WIY oleo pCNYM $ 0 PERSOHALSPDV KURT S 10,000,000 GENNERALACOREDATE $ 10,000,000 GEM.AGGREGATE LW APPLIES PER PRODUCTS-COMPODP ADD T 10,000,000 --1parrn.� nLOC AUTOMOBILE LIABILITY GOWNED SINGLE LMT 1 2,000,000 X AnYAU1 A 0 MWTB 2001E 01/01/2010 01/01/2011 (Es AcolarO._._ ___.. — ...- ALL MIMED AUTOS BODE INJURY S Spaxva FO AUTOS (PIXperson) PeADTOS BODLY INJURY = NON-MIMEO AUTOS IiP1 lOC Nn:l PROPERTY OAMM£ S Pxativu) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S l ANY AUTO OTHER THAN EAACC S AUTO ONLY: AGO $ EXCESNUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR El CLAM MODE AGGREGATE $ $ TOEDIJCTELE - $ . — RETENTION $ $ woRNERS COMPENSATION AND X�TTl ATlI OTIN A EMPLOYERS'WEARY MWC 115397 02(AOS) 1/12010 1/12011 1MI1$ ER A ANY PR TOBPARTNEFVEXEtu1NE MWXS82202(OH) 1/12010 1/12011 EL EACH ACCIDENT $ 2,000,000 OFwFFAIICEmSEW@L EXCLUDED? El.DISEASE-FA EMPLOYEE $ 2.000.000 ISPELTa1.PROVIS10NBeelo„ EL DISEASE-POLICY LIMIT S 2,000,000 OTHER DESCRIPTION OF OPERATMNS/LOCATIONS/VENIC E51EXCLUSIONS ADDED SY ENDORSEMENT/SPECIAL PROVISIONS Weld County-Various Locations Contact#40067113 CERTIFICATE HOLDER CANCELLATION Certificate ID 15,227 SHOULD AMY OF THE ABOVE ONICRIB D POLICES BE CANCELLED BEFORE THE EIPMAnOM DATE TMER ,BEMIRING IMUREA RILL ENDEAVOR TO MALL 30 OATS METTER Weld County MOTILE ID THECERTIFTCATE MEALIER MANED TO THE LEFT.BUT FAILURE 10 D050 SHALL 915 10th Street MPOSE NO OSUDATINI OR LABSNY OF ANT 101E UPON BM MaURLM,ITS AOENTSOR Greeley,CO 80632 WRESB/TATITAI$ AUTMOIQED REPRESENTATNE .1I.O2t kj k,SemiwCeetlaCInc ACORD 15(200188) 0 ACORD CORPORATION VMS OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS OLD REPUBLIC INSURANCE COMPANY e♦ • OLD FiEPWLIC leiew.e..55 n0 1 POLICY NUMBER POLICY HOLDER SERVICE OFFICE PRODUCER Old Republic Risk Management,Inc. Aon Risk Services,Inc.of Ilinois MWZY 57677 445 South Moorland Road,Suite 300 200 E Randolph St. Brookfield.WI 53005 Chicago.IL 60601 RENEWAL OF NUMBER (877)797-3400 NAMED INSURED AND MAILING ADDRESS SAMPLE OCPL SAMPLE POLICY PERIOD: From 01/01/2009 to Ol/fll/2010 at 12'.01 A.M.Standard Time at your mailing address shown above. Location of Covered Operations: SAMPLE Designated Contractor: KONE MC. Mailing Address'. ONE ROW COURT,MOI.iNF_1L 61265 IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY.WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY_ LIMITS OF INSURANCE Each Occurrence Limit $ Aggregate Limit $ DESCRIPTION OF BUSINESS Form of Business: ❑ Individual ❑Joint Venture ❑ Partnership ❑ Limited Liability Company ❑Corporation Organization(Other than one indicated above) Business Description: CLASSIFICATION AND PREMIUM-SUBJECT TO AUDIT Classification Code No. Premium Rate Per Advance Premium Base 1000 al Cost $ fl $ Included Audit Period(If applicable) State Tax/Other(if applicable) $ Total Advance Premium $ Premium shown is payable$ at inception FORMS AND ENDORSEMENTS Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue-. See Attached for List of Farms/Endorsements Countersigned: 06/33/2009 By Authorized Representative CG DEC GN 0001 04 99 Includes copyrighted material Cl Insurance Services Office.Inc..with its permission. Page 1 of 2 Copyright,Insurance Services Office,Inc,1999 Law-00-0040(0609) POLICY IDENTIFICATION DECL.A SA-I IONS-GENERAL LIABILI'T'Y POLICY MWZY 57677 FORMS AND ENDORSEMENTS(Page 1 of i) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION SCHEDULE OF COVERAGE PARTS C000091207 Owners and Contractors Protective Liability Coverage Form -Coverage for Operations of Designated Contractor SCHEDULE OF ENDORSEMENTS Endt No. Form No. Description 1 CL1771207 Quick Reference OCP Liability Coverage Part 2 CG 0091207 OCP Liability Coverage Form 3 PIL 0081203 Economic and Trade Sanctions Condition 4 CG 29511207 Employment-Related Practices exclusions' 5 POL 0041103 Asbestos Exclusion Endorsement 6 PGl 0231103 Lead Exclusion Endorsement 7 CG 33700305 Silica or Silica-Related Dust Exclusion 8 CO 31311204 Fungi Or Bacteria Exclusion 9 IL 00210908 Nuclear Energy Liability Exclusion Endorsement(broad Form) 10 CG 21730108 Exc(uvsirwn of Codified Ads of Terrorism 11 CG 29050705 Illinois Changes-Cancellation And Nonrenewal 12 IL 01620908 Illinois Changes-Defense Costs 13 POL 0591204 Total Pollution Exclusion with a Building Healing,Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception This declaration and the coverage founts)and endorsements.if any,listed above and attached,complete this policy. Countersigned at: Authorized Agent: Date: 06123;2009 Includes copyrighted material al Insurance Services Office,Inc..with its permission. Page 2 of 2 CG DEC GN 0001 09 99 Ccovrehl Insurance Services Office.Inc..1998 Law-00-0040 (0609) d CL 177 112-07) QUICK REFERENCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART READ YOUR POLICY CAREFULLY The Owners and Contractors Protective Liability Coverage Part In your policy consists of Declarations. a Coverage Form(CG 00 09)and Endorsements. if applicable. Following is a Ouick Reference indexing of the principal provisions contained in each of the components making up the Coverage Par,listed in sequential order, except for the provisions in the Declarations which may not be In the sequence shown. DECLARATIONS Named Insured and Mailing Address Policy Period • Designation of Contractor Location of Covered Operations Omits of Insurance • Desaiplion of Business Forms and Endorsements applying to the Coverage Pan el time of issue COVERAGE FORM SECTION I—COVERAGES—BODILY INJURY AND PROPERTY DAMAGE LIABILITY Insuring Agreement Exclusions Supplementary Payments SECTION II—WHO IS AN INSURED SECTION III—LIMITS OF INSURANCE ' SECTION IV—CONDITIONS Bankruptcy Cancellation Changes Duties In The Event Of Occurrence,Claim Or Loss Examination OI Your Books And Records Inspections And Surveys • Legal Action Against Us Other Insurance Premiums Premium Audit Separation Of Insureds Transfer Of Rights Of Recovery Against Others To Us • When We Do Not Renew SECTION V—DEFINITIONS ENDORSEMENTS(If Any) • • Includes copyael'led malcel o!Insurace A.men OSee,IM..We!An per.R,tion CL 17/02.01) CappiN.nisifalce Serr csa Once Inc..teas Page l of l Law-00-0040(0609) CL 177 (12-07) QUICK REFERENCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART READ YOUR POLICY CAREFULLY The Owners and Contractors Protective Liability Coverage Part in your policy consists of Declarations, a Coverage Form (CG 00 09) and Endorsements, if applicable. Following is a Quick Reference indexing of the principal provisions contained in each of the components making up the Coverage Part, listed in sequential order, except for the provisions in the Declarations which may not be in the sequence shown. DECLARATIONS Named Insured and Mailing Address Policy Period Designation of Contractor Location of Covered Operations Limits of Insurance Description of Business Forms and Endorsements applying to the Coverage Part at time of issue COVERAGE FORM SECTION I—COVERAGES—BODILY INJURY AND PROPERTY DAMAGE LIABILITY Insuring Agreement Exclusions Supplementary Payments SECTION II—WHO IS AN INSURED SECTION III-LIMITS OF INSURANCE SECTION IV-CONDITIONS Bankruptcy Cancellation Changes Duties In The Event Of Occurrence, Claim Or Loss Examination Of Your Books And Records Inspections And Surveys Legal Action Against Us Other Insurance Premiums Premium Audit Separation Of Insureds Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew SECTION V—DEFINITIONS ENDORSEMENTS (If Any) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CL 177(12-07) Copyright,Insurance Services Office, Inc., 1984 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 09 12 07 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage" only if: duties and what is and is not covered. (1) The "bodily injury" or "property dama e" is 1 y� 9 Throughout this policy the words "you" and "your" caused by an "occurrence" and arises out refer to the Named Insured shown in the Declarations, of: The words "we", "us" and "our" refer to the Company (a) Operations performed for you by the providing this insurance. "contractor" at the location specified in The word "insured" means any person or organization the Declarations; or qualifying as such under Section II — Who Is An In- (b) Your acts or omissions in connection sured. with the general supervision of such op- Other words and phrases that appear in quotation erations; marks have special meaning. Refer to Section V — Definitions. (2) The "bodily injury" or "property damage" occurs during the policy period; and SECTION I—COVERAGES (3) Prior to the policy period, no insured listed BODILY INJURY AND PROPERTY DAMAGE under Paragraph 1. of Section II — Who Is LIABILITY An Insured and no "employee" authorized 1. Insuring Agreement by you to give or receive notice of an "oc- currence" or claim, knew that the "bodily in- a. We will pay those sums that the insured be- jury" or "property damage" had occurred, in comes legally obligated to pay as damages whole or in part. If such a listed insured or because of"bodily injury" or"property damage" authorized "employee" knew, to which this insurance applies. We will have tprior to the the right and duty to defend the insured against policy p damage"a hat ccthe "bodily i any or g "property occurred, then any con- any "suit" seeking those damages. However, tinuation, change or resumption of such we will have no duty to defend the insured "bodily injury" or "property damage" during against any "suit" seeking damages for "bodily or after the policy period will be deemed to injury" or "property damage" to which this in- have been knownprior to the policy surance does not apply. We may, at our discre- P Y period. tion, investigate any "occurrence" and settle c. "Bodily injury" or "property damage" which any claim or"suit"that may result. But: occurs during the policy period and was not, 1 The amount we will prior to the policy period, known to have oc- (1) pay for damages is curred by any insured listed under Paragraph limited as described in Section III — Limits 1. of Section II — Who Is An Insured or any Of Insurance; and "employee" authorized y by you to give or re- (2) Our right and duty to defend ends when we ceive notice of an "occurrence" or claim, in- have used up the applicable limit of insur- cludes any continuation, change or resumption ance in the payment of judgments or set- of that "bodily injury" or "property damage" af- tlements. ter the end of the policy period. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments. CG 00 09 12 07 ©ISO Properties, Inc., 2006 Page 1 of 9 O d. "Bodily injury" or "property damage" will be (b) Such attorney fees and litigation ex- deemed to have been known to have occurred penses are for defense of that party at the earliest time when any insured listed un- against a civil or alternative dispute der Paragraph 1. of Section II — Who Is An In- resolution proceeding in which damages sured or any "employee" authorized by you to to which this insurance applies are al- give or receive notice of an "occurrence" or leged. claim: c. Work Completed Or Put To Intended Use (1) Reports all, or any part, of the "bodily injury" "Bodily injury" or "property damage" which oc- or "property damage" to us or any other in- curs after the earlier of the following times: surer; Receives a written or verbal demand or (1) When all "work" on the project (other than (2) service, maintenance or repairs) to be per- claim for damages because of the "bodily formed for you by the "contractor"at the site injury" or"property damage"; or of the covered operations has been com- (3) Becomes aware by any other means that pleted; or "bodily injury" or "property damage" has oc- (2) When that portion of the "contractor's" curred or has begun to occur. "work", out of which the injury or damage e. Damages because of "bodily injury" include arises, has been put to its intended use by damages claimed by any person or organiza- any person or organization, other than an- tion for care, loss of services or death resulting other contractor or subcontractor working at any time from the "bodily injury". directly or indirectly for the "contractor" or 2. Exclusions as part of the same project. This insurance does not apply to: d. Acts Or Omissions By You And Your Employees a. Expected Or Intended Injury "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage" expected of your, or your "employees", acts or omissions or intended from the standpoint of the insured. other than general supervision of "work" per- This exclusion does not apply to "bodily injury" formed for you by the "contractor". resulting from the use of reasonable force to protect persons or property. e. Workers'Compensation And Similar Laws b. Contractual Liability Any obligation of the insured under a workers' compensation, disability benefits or unem- "Bodily injury" or "property damage" for which ployment compensation law or any similar law. the insured is obligated to pay damages by reason of the assumption of liability in a con- f. Employer's Liability tract or agreement. This exclusion does not "Bodily injury" to: apply to liability for damages: (1) An "employee" of the insured arising out of (1) That the insured would have in the absence and in the course of: of the contract or agreement; or (a) Employment by the insured; or (2) Assumed in a contract or agreement that is (b) Performing duties related to the conduct an "insured contract", provided the "bodily of the insured's business; or injury" or "property damage" occurs subse- quent to the execution of the contract or (2) The spouse, child, parent, brother or sister agreement. Solely for the purposes of liabil- of that "employee" as a consequence of ity assumed in an "insured contract", rea- Paragraph (1) above. sonable attorney fees and necessary litiga- This exclusion applies whether the insured tion expenses incurred by or for a party may be liable as an employer or in any other other than an insured are deemed to be capacity and to any obligation to share dam- damages because of "bodily injury" or ages with or repay someone else who must "property damage", provided: pay damages because of the injury. (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and Page 2 of 9 ©ISO Properties, Inc., 2006 CG 00 0912 07 ❑ This exclusion does not apply to liability as- (i) "Bodily injury" if sustained within a sumed by the insured under an "insured con- building and caused by smoke, tract". fumes, vapor or soot produced by or g. Damage To Property originating from equipment that is used to heat, cool or dehumidify the "Property damage"to: building, or equipment that is used to (1) Property you own, rent, or occupy, including heat water for personal use, by the any costs or expenses incurred by you, or building's occupants or their guests; any other person, organization or entity, for (ii) "Bodily injury" or "property damage" repair, replacement, enhancement, restora- arising out of heat, smoke or fumes tion or maintenance of such property for from a "hostile fire"; any reason, including prevention of injury to (b) At or from any premises, site or location a person or damage to another's property; which is or was at any time used by or (2) Property loaned to you; for any insured or others for the han- (3) Personal property in the care, custody or dling, storage, disposal, processing or control of the insured; or treatment of waste; (4) "Work" performed for you by the "contrac- (c) Which are or were at any time trans- tor". ported, handled, stored, treated, dis- h. War posed of, or processed as waste by or for: "Bodily injury" or "property damage", however (i) Any insured; or caused, arising, directly or indirectly, out of: (ii) Any person or organization for whom (1) War, including undeclared or civil war; you may be legally responsible; or (2) Warlike action by a military force, including (d) At or from any premises, site or location action in hindering or defending against an on which any insured or any contractors actual or expected attack, by any govern- or subcontractors working directly or in- ment, sovereign or other authority using directly on any insured's behalf are per- military personnel or other agents; or forming operations if the "pollutants" are (3) Insurrection, rebellion, revolution, usurped brought on or to the premises, site or lo- power, or action taken by governmental au- cation in connection with such opera- thority in hindering or defending against any tions by such insured, contractor or sub- of these. contractor. However, this subparagraph i. Mobile Equipment does not apply to: "Bodily injury" or "property damage" arising out (i) "Bodily injury" or "property damage" of the use of"mobile equipment" in, or while in arising out of the escape of fuels, lu- practice for, or while being prepared for, any bricants or other operating fluids prearranged racing, speed, demolition, or which are needed to perform the stunting activity. normal electrical, hydraulic or me- chanical functions necessary for the j. Pollution operation of "mobile equipment" or (1) "Bodily injury" or "property damage" arising its parts, if such fuels, lubricants or out of the actual, alleged or threatened dis- other operating fluids escape from a charge, dispersal, seepage, migration, re- vehicle part designed to hold, store lease or escape of"pollutants": or receive them. This exception does (a) At or from any premises, site or location not apply if the "bodily injury" or which is or was at any time owned or "property damage" arises out of the occupied by, or rented or loaned to, any intentional discharge, dispersal or re- insured. However, this subparagraph lease of the fuels, lubricants or other does not apply to: operating fluids, or if such fuels, lu- bricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by such insured, contractor or subcontractor; CG 00 09 12 07 ©ISO Properties, Inc., 2006 Page 3 of 9 O (ii) "Bodily injury" or "property damage" This exclusion does not apply to the loss of use sustained within a building and of other property arising out of sudden and ac- caused by the release of gases, cidental physical injury to "work" performed for fumes or vapors from materials you by the "contractor". brought into that building in connec- I. Electronic Data tion with operations being performed by or on behalf of any insured; or Damages arising out of the loss of, loss of use or "property damage" of, damage to, corruption of, inability to access, (iii) "Bodily injury" p pert y or inability to manipulate electronic data. arising out of heat, smoke or fumes from a "hostile fire". As used in this exclusion, electronic data (e) At or from any premises, site or location means information, facts or programs stored as or on, created or used on, or transmitted to or on which any insured or any contractors from computer software, including systems and or subcontractors working directly or in- applications software, hard or floppy disks, CD- directly on any insured's behalf are per- ROMS, tapes, drives, cells, data processing forming operations if the operations are devices or any other media which are used to test for, monitor, clean up, remove, with electronically controlled equipment. contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- SUPPLEMENTARY PAYMENTS fects of"pollutants". 1. We will pay, with respect to any claim we investi- (2) Any loss, cost or expense arising out of gate or settle, or any "suit" against an insured we any: defend: (a) Request, demand, order or statutory or a. All expenses we incur. regulatory requirement that any insured b. Up to $250 for cost of bail bonds required or others test for, monitor, clean up, re- because of accidents or traffic law violations move, contain, treat, detoxify or neutral- arising out of the use of any vehicle to which ize, or in any way respond to, or assess this insurance applies. We do not have to fur- the effects of"pollutants"; or nish these bonds. (b) Claim or suit by or on behalf of a gov- c. The cost of bonds to release attachments, but ernmental authority for damages be- only for bond amounts within the applicable cause of testing for, monitoring, cleaning limit of insurance. We do not have to furnish up, removing, containing, treating, de- these bonds. toxifying or neutralizing, or in any way d. All reasonable expenses incurred by the in- responding to, or assessing the effects sured at our request to assist us in the investi- of"pollutants". gation or defense of the claim or "suit", includ- However, this paragraph does not apply to ing actual loss of earnings up to $250 a day liability for damages because of "property because of time off from work. damage" that the insured would have in the e. All court costs taxed against the insured in the absence of such request, demand, order or "suit". However, these payments do not include statutory or regulatory requirement, or such attorneys' fees or attorneys' expenses taxed claim or "suit" by or on behalf of a govern- against the insured. mental authority. f. Prejudgment interest awarded against the k. Damage To Impaired Property Or Property Not Damage To Physically ed insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of "Property damage" to "impaired property" or insurance, we will not pay any prejudgment in- property that has not been physically injured, terest based on that period of time after the of- arising out of: fer. (1) A defect, deficiency, inadequacy or danger- g. All interest on the full amount of any judgment ous condition in "work" performed for you that accrues after entry of the judgment and by the "contractor"; or before we have paid, offered to pay, or depos- (2) A delay or failure by you or anyone acting ited in court the part of the judgment that is on your behalf to perform a contract or within the applicable limit of insurance. agreement in accordance with its terms. Page 4 of 9 ©ISO Properties, Inc., 2006 CG 00 09 12 07 D h. Expenses incurred by the insured for first aid So long as the above conditions are met, attor- administered to others at the time of an acci- neys fees incurred by us in the defense of that in- dent, for "bodily injury" to which this insurance demnitee, necessary litigation expenses incurred applies. by us and necessary litigation expenses incurred These payments will not reduce the limits of insur- by the indemnitee at our request will be paid as ance. Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — 2. If we defend an insured against a "suit" and an Coverages — Bodily Injury And Property Damage indemnitee of the insured is also named as a party Liability, such payments will not be deemed to be to the "suit", we will defend that indemnitee if all of damages for"bodily injury" and "property damage" the following conditions are met: and will not reduce the limits of insurance. a. The "suit" against the indemnitee seeks dam- Our obligation to defend an insured's indemnitee ages for which the insured has assumed the li- and to pay for attorneys fees and necessary litiga- ability of the indemnitee in a contract or agree- tion expenses as Supplementary Payments ends ment that is an "insured contract"; when we have used up the applicable limit of in- b. This insurance applies to such liability as- surance in the payment of judgments or settle- sumed by the insured; ments or the conditions set forth above, or the terms of the agreement described in Paragraph f. c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been as- above, are no longer met. sumed by the insured in the same "insured SECTION II -WHO IS AN INSURED contract"; 1. If you are designated in the Declarations as: d. The allegations in the "suit" and the information a. An individual, you and your spouse are insur- we know about the "occurrence" are such that eds. no conflict appears to exist between the inter- ests of the insured and the interests of the in- b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their demnitee; spouses are also insureds, but only with re- e. The indemnitee and the insured ask us to spect to their duties as partners or members of conduct and control the defense of that indem- a joint venture. nitee against such "suit" and agree that we can c. A limited liability company, you are an insured. assign the same counsel to defend the insured and the indemnitee; and Your members are also insureds, but only with respect to their duties as members of a limited f. The indemnitee: liability company. Your managers are insureds, (1) Agrees in writing to: but only with respect to their duties as your (a) Cooperate with us in the investigation, managers. settlement or defense of the "suit"; d. An organization other than a partnership, joint venture or limited liability company, you are an (b) Immediately send us copies of any insured. Your "executive officers" and directors demands, notices, summonses or legal papers received in connection with the are insureds, but only with respect to their du- ties as your officers or directors. Your stock- "suit"; holders are also insureds, but only with respect (c) Notify any other insurer whose coverage to their liability as stockholders. is available to the indemnitee; and 2. Each of the following is also an insured: (d) Cooperate with us with respect to coor- a. Any person (other than your "employee") or dinating other applicable insurance any organization while acting as your real es- available to the indemnitee; and tate manager. (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". CG 00 09 12 07 — ©ISO Properties, Inc., 2006 Page 5 of9 O b. Any person or organization having proper b. We may cancel this policy by mailing or deliv- temporary custody of your property if you die, ering to the first Named Insured and the "con- but only: tractor"written notice of cancellation at least: (1) With respect to liability arising out of the (1) 10 days before the effective date of cancel- maintenance or use of that property; and lation if we cancel for non-payment of pre- (2) Until your legal representative has been mium; or appointed. (2) 30 days before the effective date of cancel- c. Your legal representative if you die, but only lation if we cancel for any other reason. with respect to duties as such. That represen- c. We will mail or deliver our notices to the first tative will have all your rights and duties under Named Insured's and the "contractor's" last this Coverage Part. mailing address known to us. No person or organization is an insured with respect d. Notice of cancellation will state the effective to the conduct of any current or past partnership, joint date of cancellation. The policy period will end venture or limited liability company that is not shown on that date. as a Named Insured in the Declarations. e. If this policy is cancelled, we will send the SECTION III—LIMITS OF INSURANCE "contractor" any premium refund due. If we 1. The Limits of Insurance shown in the Declarations cancel, the refund will be pro rata. If the first and the rules below fix the most we will pay re- Named Insured cancels, the refund may be gardless of the number of: less than pro rata. The cancellation will be ef- fective even if we have not made or offered a a. Insureds; refund. b. Claims made or"suits" brought; or f. If notice is mailed, proof of mailing will be suffi- c. Persons or organizations making claims or cient proof of notice. bringing "suits". 3. Changes 2. The Aggregate Limit is the most we will pay for the This policy contains all the agreements between sum of damages because of all "bodily injury" and you, the "contractor" and us concerning the insur- "property damage". ance afforded. The first Named Insured shown in 3. Subject to Paragraph 2. above, the Each Occur- the Declarations and the "contractor" are author- rence Limit is the most we will pay for the sum of ized to make changes in the terms of this policy damages because of all "bodily injury" and "prop- with our consent. This policy's terms can be erty damage"arising out of any one "occurrence". amended or waived only by endorsement issued by us and made a part of this policy. If you designate more than one project in the Declara- tions, the Aggregate Limit shall apply separately to 4. Duties In The Event Of Occurrence, Claim Or each project. Suit The Limits of Insurance of this Coverage Part apply a. You must see to it that we are notified as soon separately to each consecutive annual period and to as practicable of an "occurrence" which may any remaining period of less than 12 months, starting result in a claim. To the extent possible, notice with the beginning of the policy period shown in the should include: Declarations, unless the policy period is extended (1) How, when and where the "occurrence" after issuance for an additional period of less than 12 took place; months. In that case, the additional period will be (2) The names and addresses of any injured deemed part of the last preceding period for purposes persons and witnesses; and of determining the Limits of Insurance. SECTION IV—CONDITIONS (3) The nature and location of any injury or damage arising out of the"occurrence". 1. Bankruptcy b. If a claim is made or "suit" is brought against Bankruptcy or insolvency of the insured or of the any insured, you must: insured's estate will not relieve us of our obliga- (1) Immediately record the specifics of the lions under this Coverage Part. claim or"suit"and the date received; and 2. Cancellation (2) Notify us as soon as practicable. a. The first Named Insured shown in the Declara- You must see to it that we receive written no- tions may cancel this policy by mailing or deliv- lice of the claim or "suit" as soon as practi ca- ering to us advance written notice of cancella- ble. tion. Page 6 of 9 ©ISe-Properties, Inc., 2006 CG 00 09 12 07 ❑ c. You and any other involved insured must: d. Paragraph b. of this condition does not apply to (1) Immediately send us copies of any de- any inspections, surveys, reports or recom- mands, notices, summonses or legal pa- mendations we may make relative to certifica- pers received in connection with the claim tion, under state or municipal statutes, ordi- or"suit"; nances or regulations, of boilers, pressure vessels or elevators. (2) Authorize us to obtain records and other nformation; 7. Legal Action Against Us i(3) Cooperate with us in the investigation or No person or organization has a right under this settlement of the claim or defense against Coverage Part: the "suit" and a. To join us as a party or otherwise bring us into (4) Assist us, upon our request, in the en- a "suit"asking for damages from an insured; or forcement of any right against any person b. To sue us on this Coverage Part unless all of or organization which may be liable to the its terms have been fully complied with. insured because of injury or damage to A person or organization may sue us to recover on which this insurance may also apply. an agreed settlement or on a final judgment d. No insured will, except at that insured's own against an insured; but we will not be liable for cost, voluntarily make a payment, assume any damages that are not payable under the terms of obligation, or incur any expense, other than for this Coverage Part or that are in excess of the ap- first aid,without our consent. plicable limit of insurance. An agreed settlement 5. Examination Of Your Books And Records means a settlement and release of liability signed by us, the insured and the claimant or the claim- We may examine and audit your books and re- ant's legal representative. cords as well as the "contractor's" books and re- cords as they relate to this policy at any time dur- 8. Other Insurance ing the policy period and up to three years The insurance afforded by this Coverage Part is afterward. primary insurance and we will not seek contribu- 6. Inspections And Surveys tion from any other insurance available to you unless the other insurance is provided by a con- a. We have the right to: tractor other than the designated "contractor" for (1) Make inspections and surveys at any time; the same operation and job location designated in (2) Give you reports on the conditions we find; the Declarations. Then we will share with that other insurance by the method described below. and (3) Recommend changes. If all of the other insurance permits contribution by equal shares, we will follow this method also. Un- b. We are not obligated to make any inspections, der this approach, each insurer contributes equal surveys, reports or recommendations and any amounts until it has paid its applicable limit of in- such actions we do undertake relate only to in- surance or none of the loss remains, whichever surability and the premiums to be charged. We comes first. do not make safety inspections. We do not un- If any of the other insurance does not permit con- e to perform the duty of any person or tribution by equal shares, we will contribute by lim- organi organization to provide for the health or safety its. Under this method, each insurer's share is of workers or the public. And we do not warrant based on the ratio of its applicable limit of insur- that conditions: ance to the total applicable limits of insurance of (1) Are safe or healthful; or all insurers. (2) Comply with laws, regulations, codes or 9. Premiums standards. The "contractor": c. Paragraphs a. and b. of this condition apply not a. Is responsible for the payment of all premiums; only to us, but also to any rating, advisory, rate and service or similar organization which makes in- surance inspections, surveys, reports or rec- b. Will be the payee for any return premiums we ommendations. pay. CG 00 09 12 07 ©ISO Properties, Inc., 2006— Page 7 of 9 ❑ 10.PremiumAudit However, "auto" does not include "mobile equip- a. We will compute all premiums for this Cover- ment". age Part in accordance with our rules and 2. "Bodily injury" means bodily injury, sickness or rates. disease sustained by a person, including death re- b. Premium shown in this Coverage Part as ad- suiting from any of these at any time. vance premium is a deposit premium only. At 3. "Contractor" means the contractor designated in the close of each audit period we will compute the Declarations. the earned premium for that period and send 4. "Employee" includes a "leased worker". "Em- notice to the "contractor". The due date for au- ployee"does not include a "temporary worker". dit and retrospective premiums is the date shown as the due date on the bill. If the sum of 5. "Executive officer" means a person holding any of the advance and audit premiums paid for the the officer positions created by your charter, con- policy period is greater than the earned pre- stitution, by-laws or any other similar governing mium, we will return the excess to the "contrac- document. tor". 6. "Hostile fire" means one which becomes uncon- c. The "contractor" must keep records of the trollable or breaks out from where it was intended information we need for premium computation, to be. and send us copies at such times as we may 7. "Impaired property" means tangible property, other request. than work performed for you, that cannot be used 11.Separation Of Insureds or is less useful because: Except with respect to the Limits of Insurance, and a. It incorporates work performed for you that is any rights or duties specifically assigned in this known or thought to be defective, deficient, in- Coverage Part to the first Named Insured, this in- adequate or dangerous; or surance applies: b. You have failed to fulfill the terms of a contract a. As if each Named Insured were the only or agreement; Named Insured; and if such property can be restored to use by the re- b. Separately to each insured against whom claim pair, replacement, adjustment or removal of the is made or"suit" is brought. work performed for you or your fulfilling the terms of the contract or agreement. 12.Transfer Of Rights Of Recovery Against Others To Us 8. "Insured contract" means: If the insured has rights to recover all or part of a. A lease of premises; any payment we have made under this Coverage b. A sidetrack agreement; Part those rights are transferred to us. The insured c. Any easement or license agreement, except in must do nothing after loss to impair them. At our connection with construction or demolition op- request, the insured will bring "suit" or transfer erations on or within 50 feet of a railroad; those rights to us and help us enforce them. 13.When We Do Not Renew d. An obligation, as required by ordinance, to indemnify a municipality, except in connection If we decide not to renew this Coverage Part, we with work for a municipality; or will mail or deliver to the first Named Insured e. An elevator maintenance agreement. shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- 9. "Leased worker" means a person leased to you by ration date. a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties If notice is mailed, proof of mailing will be sufficient related to the conduct of your business. "Leased proof of notice. worker" does not include a "temporary worker". SECTION V—DEFINITIONS 10."Mobile equipment" means any of the following 1. "Auto" means: types of land vehicles, including any attached ma- a. A land motor vehicle, trailer or semitrailer de- chinery or equipment: signed for travel on public roads, including any a. Bulldozers, farm machinery, forklifts and other attached machinery or equipment; or vehicles designed for use principally off public b. Any other land vehicle that is subject to a com- roads; pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Page 8-of 9 ©ISO Properties, Inc., 2006 ^ CG 00 09 12 07 O b. Vehicles maintained for use solely on or next to 11."Occurrence" means an accident, including con- premises you own or rent; tinuous or repeated exposure to substantially the c. Vehicles that travel on crawler treads; same general harmful conditions. d. Vehicles, whether self-propelled or not, main- 12."Pollutants" mean any solid, liquid, gaseous or tained primarily to provide mobility to perma- thermal irritant or contaminant, including smoke, nently mounted: vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, (1) Power cranes, shovels, loaders, diggers or reconditioned or reclaimed. drills; or 13."Property damage" means: (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; a. Physical injury to tangible property, including all resulting loss of use of that property. All e. Vehicles not described in Paragraph a., b., c. such loss of use shall be deemed to occur at or d. above that are not self-propelled and are the time of the physical injury that caused it; or maintained primarily to provide mobility to per- b. Loss of use of tangible property that is not manently attached equipment of the following types: physically injured. All such loss of use shall be deemed to occur at the time of the "occur- (1) Air compressors, pumps and generators, rence"that caused it. including spraying, welding, building clean- ng, geophysical exploration, lighting and For the purposes of this insurance, electronic data well servicing equipment; or isnot tangible property. (2) Cherry pickers and similar devices used to As used in this definition, electronic data means aise or lower workers; information, facts or programs stored as or on, rcreated or used on, or transmitted to or from, f. Vehicles not described in Paragraph a., b., c. computer software, including systems and applica- or d. above maintained primarily for purposes tions software, hard or floppy disks, CD-ROMS, other than the transportation of persons or tapes, drives, cells, data processing devices or cargo. any other media which are used with electronically However, self-propelled vehicles with the fol- controlled equipment. lowing types of permanently attached equip- 14."Suit" means a civil proceeding, brought in the ment are not "mobile equipment" but will be United States of America (including its territories considered "autos": and possessions), Puerto Rico or Canada, in (1) Equipment designed primarily for: which damages because of "bodily injury" or "property damage" to which this insurance applies (a) Snow removal; are alleged. "Suit" includes: (b) Road maintenance, but not construction a. An arbitration proceeding in which such dam- or resurfacing; or ages are claimed and to which the insured (c) Street cleaning; must submit or does submit with our consent; (2) Cherry pickers and similar devices mounted or on automobile or truck chassis and used to b. Any other alternative dispute resolution pro- raise or lower workers; and ceeding in which such damages are claimed (3) Air compressors, pumps and generators, and to which the insured submits with our con- including spraying, welding, building clean- sent. ing, geophysical exploration, lighting and 15."Temporary worker" means a person who is fur- well servicing equipment. nished to you to substitute for a permanent "em- However, "mobile equipment" does not include ployee" on leave or to meet seasonal or short-term land vehicles that are subject to a compulsory or workload conditions. financial responsibility law or other motor vehicle 16."Work" includes materials, parts or equipment insurance law in the state where it is licensed or furnished in connection with the operations. principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". CG 00 09 12 07 — ©ISO Properties, Inc., 2006 Page 9 of 9 Et IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CONDITION The following condition is added: Economic And Trade Sanctions Condition In accordance with the laws and regulations of the United States concerning economic and trade embargoes, this Indemnity, Insurance, Coverage, Coverage Part or Policy is void ab initio (void from its inception)with respect to any term or condition of this Indemnity, Insurance, Coverage, Coverage Part or Policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following: 1. Any Insured (Assured), or any person or entity claiming the benefits of an Insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to United States economic or trade sanctions; 2. Any loss, claim or "suit" that is brought in a Sanctioned Country or by a Sanctioned Country Government, where any action in connection with such claim or "suit" is prohibited by United States economic or trade sanctions; 3. Any loss, claim or "suit" that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to United States economic or trade sanctions; 4. Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country Government, where any activities related to such property are prohibited by United States economic or trade sanctions; or 5. Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to United States economic or trade sanctions. As used in this Endorsement, a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the United States Treasury Department's Office of Foreign Asset Control (O.F.A.C.) as it may be from time to time amended. As used in this Endorsement, a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. PIL 008 12 03 T:\Forms\PreferredManuscri ptLanguage\Interline&ORRMTerrorismForms_PIL\Economic&TradeExcl PIL0081203.DOC COMMERCIAL GENERAL LIABILITY CG 29 51 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., (2)The spouse, child, parent, brother or sister of that Exclusions of Coverages — Bodily Injury And person as a consequence of "bodily injury" to that Property Damage Liability (Section I — Cover- person at whom any of the employment-related ages): practices described in Paragraphs (a), (b) or (c) This insurance does not apply to: above is directed. "Bodily injury"to: This exclusion applies: (1)A person arising out of any: (1)Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before (a) Refusal to employ that person; employment, during employment or after employ- (b) Termination of that person's employment; or ment of that person; (c) Employment-related practices, policies, acts or (2)Whether the insured may be liable as an employer omissions, such as coercion, demotion, or in any other capacity; and evaluation, reassignment, discipline, defama- (3)To any obligation to share damages with or repay lion, harassment, humiliation, discrimination or someone else who must pay damages because of malicious prosecution directed at that person; the injury. or CG 29 51 12 07 ©ISO Properties, Inc., 2006 - Page 1 of 1 O IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following Asbestos Exclusion is added under paragraph 2. Exclusions of SECTION I -COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Asbestos a. This insurance does not apply to"bodily injury" or"property damage" arising out of: (1) Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; (2) The use of asbestos in constructing or manufacturing any goods, products or structures; (3) The removal of asbestos from any goods, products or structures; or (4) The manufacture, transportation, storage or disposal of asbestos or goods or products containing asbestos. b. This insurance does not apply to any: (1) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, remediate, neutralize, or in any way respond to or assess the extent or the effects of asbestos; or (2) Payment for the investigation or defense of any loss, injury or damage or any cost, fine or penalty or for any expense, claim or suit related to any of the above. PGL 004 11 03 N:\Forms\PreferredManuscriptLanguage\GL_PGL\Asbestos Excl-OCP 7-98, 10-01, 12-04& 12-07 PGL0041103.doc IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following Exclusion is added to SECTION I - COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions: L. Lead (1) This insurance does not apply to"bodily injury" or"property damage"arising out of: (a) Inhaling, ingesting or prolonged physical exposure to lead in all forms, including but not limited to solid, liquid vapor or fumes or goods or products containing lead; (b) The use of lead in the manufacturing any goods or products; (c) The removal of lead from any goods or products; (d) The manufacture, transportation, storage or disposal of lead or goods or products containing lead. This insurance does not apply to any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, remediate, or in any way respond to, or assess the extent or the effects of lead; or (2) Payment for the investigation or defense of any loss, injury or damage or any cost, fine or penalty or for any expense, claim or suit related to any of the above. PGL 023 11 03 N:\Forms\PreferredManuscriptLanguage\GL_PGL\Lead ExclusionOCP 7-98, 10-01, 12-04& 12-07 PGL0231103.doc COMMERCIAL GENERAL LIABILITY CG 33 70 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA-RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., c. Any loss, cost or expense arising, in whole Exclusions of Section I — Coverages Bodily In- or in part, out of the abating, testing for, jury And Property Damage Liability: monitoring, cleaning up, removing, contain- 2. Exclusions ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- This insurance does not apply to: sponding to or assessing the effects of, SILICA OR SILICA-RELATED DUST "silica" or "silica-related dust", by any in- a. "Bodily injury"arising, in whole or in part, out sured or by any other person or entity. of the actual, alleged, threatened or sus- B. The following definitions are added to the Defini- pected inhalation of, or ingestion of, "silica" tions Section: or"silica-related dust". 1. "Silica" means silicon dioxide (occurring in b. "Property damage" arising, in whole or in crystalline, amorphous and impure forms), sil- part, out of the actual, alleged, threatened ica particles, silica dust or silica compounds. or suspected contact with, exposure to, ex- 2. "Silica-related dust" means a mixture or combi- istence of, or presence of, "silica" or "silica- nation of silica and other dust or particles. related dust". CG 33 70 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 31 31 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. b. Any loss, cost or expenses arising out of the Exclusions of Section I — Coverages — Bodily abating, testing for, monitoring, cleaning up, Injury And Property Damage Liability: removing, containing, treating, detoxifying, 2. Exclusions neutralizing, remediating or disposing of, or in any way responding to, or assessing the This insurance does not apply to: effects of, "fungi" or bacteria, by any insured Fungi Or Bacteria or by any other person or entity. a. "Bodily injury" or "property damage" which This exclusion does not apply to any "fungi" or would not have occurred, in whole or in part, bacteria that are, are on, or are contained in, a but for the actual, alleged or threatened in- good or product intended for bodily consumption. halation of, ingestion of, contact with, expo- B. The following definition is added to the Definitions sure to, existence of, or presence of, any Section: "fungi" or bacteria on or within a building or structure, including its contents, regardless "Fungi" means any type or form of fungus, includ- of whether any other cause, event, material ing mold or mildew and any mycotoxins, spores, or product contributed concurrently or in any scents or byproducts produced or released by sequence to such injury or damage. fungi. CG 31 31 12 04 ©ISO Properties, Inc., 2003 Page 1 of 1 O IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury" A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- or"property damage": ous properties"of"nuclear material", if: (1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear the policy is also an insured under a nu- facility" owned by, or operated by or on be- clear energy liability policy issued by Nu- half of, an "insured" or (b) has been dis- clear Energy Liability Insurance Associa- charged or dispersed therefrom; tion, Mutual Atomic Energy Liability (2) The "nuclear material" is contained in Underwriters, Nuclear Insurance Associa- "spent fuel" or "waste" at any time pos- tion of Canada or any of their successors, sessed, handled, used, processed, stored, or would be an insured under any such pol- transported or disposed of, by or on behalf icy but for its termination upon exhaustion of an"insured"; or of its limit of liability; or 3 The "bodily injury" or( ) � y "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material" and with respect to of services, materials, parts or equipment in which (a) any person or organization is re- connection with the planning, construction, quired to maintain financial protection pur- maintenance, operation or use of any "nu- suant to the Atomic Energy Act of 1954, or clear facility", but if such facility is located any law amendatory thereof, or (b) the "in- within the United States of America, its tern- sured" is, or had this policy not been issued tories or possessions or Canada, this ex- would be, entitled to indemnity from the elusion (3) applies only to "property dam- United States of America, or any agency age" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2. As used in this endorsement: agency thereof, with any person or organi- zation. "Hazardous properties" includes radioactive, toxic or explosive properties. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe- jury" resulting from the "hazardous properties" cial nuclear material"or"by-product material". of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 21 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 O "Source material", "special nuclear material", and (c) Any equipment or device used for the proc- "by-product material" have the meanings given essing, fabricating or alloying of "special them in the Atomic Energy Act of 1954 or in any nuclear material" if at any time the total law amendatory thereof. amount of such material in the custody of "Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such ponent, solid or liquid, which has been used or ex- equipment or device is located consists of posed to radiation in a "nuclear reactor". or contains more than 25 grams of pluto- nium or uranium 233 or any combination "Waste" means any waste material (a) containing thereof, or more than 250 grams of uranium "by-product material" other than the tailings or 235; wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises primarily for its "source material" content, and (b) or place prepared or used for the storage or resulting from the operation by any person or or- disposal of"waste"; ganization of any "nuclear facility" included under and includes the site on which any of the foregoing the first two paragraphs of the definition of "nu- is located, all operations conducted on such site clear facility". and all premises used for such operations. "Nuclear facility" means: "Nuclear reactor" means any apparatus designed (a) Any"nuclear reactor"; or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical (b) Any equipment or device designed or used mass of fissionable material. for(1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac- fuel", or(3) handling, processing or packag- five contamination of property. ing"waste"; Page 2 of 2 ©-ISO Properties, Inc., 2007 IL 00 21 09 08 O COMMERCIAL GENERAL LIABILITY CG 21 73 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: 2. "Certified act of terrorism" means an act that is This insurance does not apply to: certified by the Secretary of the Treasury, in concurrence with the Secretary of State and TERRORISM the Attorney General of the United States, to "Any injury or damage" arising, directly or indi- be an act of terrorism pursuant to the federal rectly, out of a "certified act of terrorism". Terrorism Risk Insurance Act. The criteria con- tained in the Terrorism Risk Insurance Act for a B. The following definitions are added: "certified act of terrorism" include the following: 1. For the purposes of this endorsement, "any a. The act resulted in insured losses in excess injury or damage" means any injury or damage of$5 million in the aggregate, attributable to covered under any Coverage Part to which this all types of insurance subject to the Terror- endorsement is applicable, and includes but is sm Risk Insurance Act; and not limited to "bodily injury", "property dam- age", "personal and advertising injury", "injury" b. The act is a violent act or an act that is or "environmental damage" as may be defined dangerous to human life, property or infra- in any applicable Coverage Part. structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con- duct of the United States Government by coercion. CG 21 73 01 08 ©ISO Properties, Inc., 2007 Page 1 of 1 O COMMERCIAL GENERAL LIABILITY CG 29 05 07 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART A. Cancellation (Section IV 2.) is replaced by the f. A determination by the Director of Insur- following: ance that the continuation of the policy CANCELLATION could place us in violation of the insur- ance laws of this State. 1. The first Named Insured shown in the Dec- larations may cancel this policy by mailing to 4. We will mail our notices to you, the "con- us advance written notice of cancellation. tractor" and the agent or broker, at the re- spective addresses last known to us. 2. We may cancel this policy by mailing you and the "contractor" written notice stating 5. Notice of cancellation will state the effective the reason for cancellation. If we cancel: date of cancellation. The policy period will a. For nonpayment of end on that date. premium, we will mail the notice at least 10 days prior to 6. If this policy is cancelled, we will send the the effective date of cancellation. "contractor" any premium refund due. If we cancel, the refund will be pro rata. If the first b. For a reason other than nonpayment of Named Insured or the "contractor" cancels, premium, we will mail the notice at least: the refund may be less than pro rata. The (1) 30 days prior to the effective date of cancellation will be effective even if we have cancellation if the policy has been in not made or offered a refund. effect for 60 days or less. 7. If notice is mailed, proof of mailing will be (2) 60 days prior to the effective date of sufficient proof of notice. cancellation if the policy has been in B. The following is added and supersedes any provi- effect for more than 60 days. sion to the contrary: 3. If this policy has been in effect for more NONRENEWAL than 60 days, we may cancel only for one or more of the following reasons: If we decide not to renew or continue this policy, we will mail you and your agent or broker , and the a. Nonpayment of premium; "contractor", written notice, stating the reason for b. The policy was obtained through a mate- nonrenewal, at least 60 days before the end of the rial misrepresentation; policy period. If we offer to renew or continue and c. Any insured has violated any of the you do not accept, this policy will terminate at the terms and conditions of the policy; end of the current policy period. Failure to pay the required renewal or continuation premium when d. The risk originally accepted has meas- due shall mean that you have not accepted our of- urably increased; fer. e. Certification to the Director of Insurance If we fail to mail proper written notice of nonre- of the loss of reinsurance by the insurer newal and you obtain other insurance, this policy that provided coverage to us for all or a will end on the effective date of that insurance. substantial part of the underlying risk in- sured; or C. Mailing Of Notices We will mail cancellation and nonrenewal notices to the last addresses known to us. Proof of mailing will be sufficient proof of notice. CG29 05 07 05 © ISO Properties, Inc., 2004 .' Page 1 of 1 ❑ IL 01 62 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES - DEFENSE COSTS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART—LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART—MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to all B. If we initially defend an insured ("insured") or pay Insuring Agreements that set forth a duty to de- for an insured's("insured's")defense but later de- fend under: termine that the claim(s) is (are) not covered un- 1. Section I of the Commercial General Liability, der this insurance, we will have the right to reim- Commercial Liability Umbrella, Employment- bursement for the defense costs we have Related Practices Liability, Farm, Liquor Li- incurred. ability, Owners And Contractors Protective Li- The right to reimbursement for the defense costs ability, Pollution Liability, Products/Completed under this provision will only apply to defense Operations Liability, Product Withdrawal, costs we have incurred after we notify you in writ- Medical Professional Liability, Railroad Pro- ing that there may not be coverage, and that we tective Liability, Underground Storage Tank are reserving our rights to terminate the defense Coverage Parts and the Farm Umbrella Liabil- and seek reimbursement for defense costs. ity Policy; 2. Section II — Liability Coverage in Paragraph A. Coverage under the Business Auto, Ga- rage, Motor Carrier and Truckers Coverage Forms; 3. Section A. Coverage under the Legal Liability Coverage Form; and 4. Coverage C — Mortgageholder's Liability under the Mortgageholders Errors And Omis- sions Coverage Form. IL 01 62 09 08 ©ISO Properties, Inc., 2007 Page 1 of 1. ❑ IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING, COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SECTION I—COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions—Exclusion j. is replaced by the following: This insurance does not apply to: j. Pollution (1) "Bodily injury"or"property damage"which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants"at any time. This exclusion does not apply to: (a) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (b) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire" unless that"hostile fire"occurred or originated: (i) At any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste;or (ii) At any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of,"pollutants". (2) Any loss, cost or expense arising out of any: PGL 059 12 04 Page 1 of 2 N:\Forms\PreferredManuscriptLanguage\GL_PGL\Total Poll ExclwhBldgHeat&DehumidEquip- HostileFiresexception OCP 12-04& 12-07 PGL0591204.doc Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to,or assess the effects of"pollutants";or Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to,or assessing the effects of, "pollutants". PGL 059 12 04 Page2of2 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY ISSUANCE OF CERTIFICATES OF INSURANCE It is hereby agreed and understood that "The issuance of a certificate under this policy must be completed as soon as practicable and appropriate premium charged upon KONE's knowledge of any contract. Coverage is afforded by this policy for those entities for which KONE contractually agreed to provide an OCPL and have unintentionally failed to disclose the existence of such contract." GL 551 010a 0109 COMMERCIAL GENERAL LIABILITY CG 28 05 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY LIABILITY This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. The heading for Section I — Coverages — Bodily b. This insurance applies to "personal injury" Injury And Property Damage Liability is revised caused by an offense arising out of opera- as follows: tions performed for you by the "contractor" SECTION I—COVERAGES at the location specified in the Declarations, but only if the offense was committed during COVERAGE A— BODILY INJURY AND the policy period. PROPERTY DAMAGE LIABILITY 2. Exclusions B. The following exclusion is added to Paragraph 2. of Section I — Coverage A — Bodily Injury And This insurance does not apply to: Property Damage Liability: a. "Personal injury": 2. Exclusions (1) Caused by or at the direction of the This insurance does not apply to: insured with the knowledge that the act PERSONAL INJURY would violate the rights of another and would inflict"personal injury"; "Bodily injury"arising out of"personal injury". (2) Arising out of a criminal act committed C. The following is added to Section I—Coverages: by or at the direction of the insured; COVERAGE B—PERSONAL INJURY LIABILITY (3) For which the insured has assumed 1. Insuring Agreement liability in a contract or agreement. This exclusion does not apply to liability for a. We will pay those sums that the insured damages that the insured would have in becomes legally obligated to pay as dam- the absence of the contract or agree- ages because of "personal injury" to which ment; or this insurance applies. We will have the (4) Arising out of the actual, alleged or right and duty to defend the insured against any "suit" seeking those damages. How- threatened discharge, dispersal, seep- ever, we will have no duty to defend the in- age, migration, release or escape of sured against any "suit" seeking damages "pollutants"at any time. for "personal injury" to which this insurance b. Any loss, cost or expense arising out of any: does not apply. We may, at our discretion, (1) Request, demand or order that any investigate any offense and settle any claim insured or others test for, monitor, clean or"suit"that may result. But: up, remove, contain, treat, detoxify or (1) The amount we will pay for damages is neutralize, or in any way respond to, or limited as described in Section III — assess the effects of"pollutants"; or Limits Of Insurance; and (2) Claim or suit by or on behalf of a gov- (2) Our right and duty to defend end when ernmental authority for damages be- we have used up the applicable limit of cause of testing for, monitoring, cleaning insurance in the payment of judgments up, removing, containing, treating, de- or settlements. toxifying or neutralizing, or in any way No other obligation or liability to pay sums responding to, or assessing the effects or perform acts or services is covered un- of"pollutants". less explicitly provided for under Supple- mentary Payments. CG 28 05 10 01 ©ISO Properties, Inc., 2000 Page 1 of 2 O D. Paragraphs 2. and 3. of Section III — Limits Of c. You and any other involved insured must: Insurance are replaced by the following: (1) Immediately send us copies of any de- 2. The Aggregate Limit is the most we will pay for mands, notices, summonses or legal the sum of damages because of all "bodily in- papers received in connection with the jury", "property damage"and"personal injury". claim or"suit". 3. Subject to 2. above, the Each Occurrence Limit (2) Authorize us to obtain records and other is the most we will pay for the sum of damages information; because of all "bodily injury" and "property (3) Cooperate with us in the investigation or damage" arising out of any one "occurrence" settlement of the claim or defense and all "personal injury" sustained by any one against the"suit"; and person or organization. rah 4., of the Duties In The Event Of Oc- (4) Assist us, upon our request, in the en- E. Paragraph P forcement of any right against any per- currence, Claim Or Suit under Section IV — son or organization which may be liable Conditions is replaced by the following: to the insured because of injury or dam- 4. Duties In The Event Of Occurrence, age to which the insurance may also ap- Offense, Claim Or Suit ply. a. You must see to it that we are notified as d. No insured will, except at the insured's own soon as practicable of an "occurrence" or cost, voluntarily make a payment, assume an offense which may result in a claim. To any obligation, or incur any expense, other the extent possible, notice should include: than for first aid, without our consent. (1) How, when and where the "occurrence" F. The definition of "suit" in Section V — Definitions or offense took place; is replaced by the following: (2) The names and addresses of any in- 14. "Suit" means a civil proceeding, brought in the jured persons and witnesses; and United States of America (including its territo- (3) The nature and location of any injury or ries and possessions), Puerto Rico or Canada, damage arising out of the "occurrence" in which damages because of "bodily injury", or offense. "property damage" or "personal injury" to which this insurance applies are alleged. "Suit" in- b. If a claim is made or "suit" is brought cludes: against any insured, you must: a. An arbitration proceeding in which such (1) Immediately record the specifics of the damages are claimed and to which the in- claim or "suit" and the date received; sured must submit or does submit with our and consent; or (2) Notify us as soon as practicable. b. Any other alternative dispute resolution You must see to it that we receive written proceeding in which such damages are notice of the claim or "suit" as soon as claimed and to which the insured submits practicable. with our consent. G. The following is added to Section V— Definitions: "Personal injury" means injury, including conse- quential "bodily injury", arising out of the offenses of false arrest, detention or imprisonment. Page 2 of 2 ©ISO Properties, Inc., 2000 CG 28 05 10 01 O IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 O POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 28 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph b. of either the CANCELLATION Condition (Section IV— Conditions) or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 28 0410 93 - Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ OLD REPUBLIC INSURANCE COMPANY DECLARATIONS -GENERAL LIABILITY POLICY POLICY IDENTIFICATION MWZY 57677 FORMS AND ENDORSEMENTS (Page I oft) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION STATE FORM NO. DESCRIPTION Colorado CG 28 65 10 89 Colorado Changes-Cancellation and Non Renewal This declaration and the coverage form(s)and endorsements,if any, listed above and attached,complete this policy. COUNTERSIGNED AT: AUTHORIZED AGENT: DATE: Date LD-2A48a(Ed.3/87)Printed in U.S.A. AA067266a COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. The CANCELLATION Condition (Section IV) is (c) A substantial change in the exposure or replaced by the following: risk other than that indicated in the ap- 2. Cancellation plication and underwritten as of the ef- fective date of the policy unless the first a. The first Named Insured shown in the Dec- Named Insured has notified us of the larations may cancel this policy by mailing change and we accept such change. to us advance written notice of cancellation. d. We will mail our notices to the first Named b. Cancellation of Policies in Effect Less Than Insured's and the "contractor's" last mailing 60 Days addresses known to us. If this policy has been in effect for less than e. Notice of cancellation will state the effective 60 days, we may cancel this policy by mail- date of cancellation. The policy period will ing to the first Named Insured and the "con- end on that date. tractor"written notice of cancellation: f. If this policy is cancelled, we will send the (1) At least 10 days before the effective "contractor" any premium refund due. If we date of cancellation, if we cancel for cancel the refund will be pro rata. If the first nonpayment of premium; or Named Insured or the "contractor" cancels, (2) At least 30 days before the effective the refund may be less than pro rata. The date of cancellation, if we cancel for any cancellation will be effective even if we other reason. have not made or offered a refund. c. Cancellation of Policies in Effect For 60 g. If notice is mailed, proof of mailing will be Days or More sufficient proof of notice. If this policy has been in effect for 60 days B. The following Condition is added and supersedes or more, or if this policy is a renewal of a any provision to the contrary: policy we issued, we may cancel this policy NONRENEWAL by mailing through first-class mail to the first Named Insured and the "contractor" written If we decide not to renew this policy, we will mail notice of cancellation: through first-class mail to the first Named Insured shown in the Declarations and the "contractor" (1) Including the actual reason, at least 10 written notice of the nonrenewal not less than 45 days before the effective date of cancel- days before the expiration date, or its anniversary lation, if we cancel for nonpayment of date if it is a policy written for a term of more than premium; or one year or with no expiration date. (2) At least 45 days before the effective If notice is mailed, proof of mailing will be sufficient date of cancellation if we cancel for any proof of notice. other reason. We may only cancel this policy based on one or more of the following reasons: (a) Nonpayment of premium; (b) A false statement knowingly made by the insured on the application for insur- ance; or CG 28 65 10 89 Copyright, Insurance Services Office,inc., 1987, 1989 Page 1 of 2 C. The following condition is added: (2) A false statement knowingly made by the in- INCREASE IN PREMIUM OR DECREASE IN sured on the application for insurance; or COVERAGE (3) A substantial change in the exposure or risk We will not increase the premium unilaterally or other than that indicated in the application and decrease the coverage benefits on renewal of this underwritten as of the effective date of the pol- policy unless we mail through first-class mail writ- cy unless the first Named Insured has notified ten notice of our intention, including the actual us of the change and we accept such change. reason, to the first Named Insured's and the "con- If notice is mailed, proof of mailing will be sufficient tractor's" last mailing addresses known to us, at proof of notice. least 45 days before the effective date. Any decrease in coverage during the policy term must be based on one or more of the following reasons: (1) Nonpayment of premium; Page 2 of 2 Copyright, Insurance Services Office, Inc., 1987, 1989 CG 28 65 10 89 1 8 6 1 - 2 0 1 1 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE:www.co.weld.co.us WEL OUNTY 1105HSTREET 1� P.O. BOX 758 GREELEY, COLORADO 80632 July 11, 2011 To: Board of County Commissioners From:Toby Taylor Subject: Elevator Update—Probation Building As advertised, this bid is to modernize the elevator located at the Courthouse Annex(Probation). The low bidder is Kone Inc. Buildings and Grounds is recommending the low bid be awarded. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Building Maintenance Coordinator //3/00// 020/ / - 1579 13C�OJ 13 WELD COUNTY PURCHASING 915 10TH St Room #334, Greeley CO 80631 I 86 I - 2 0 I I E-Mail: mwalters(@co.weld.co.us - E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 WELDu-eOUNTY u DATE OF BID: June 28TH 2011 REQUEST FOR: ELEVATOR UPDATE - PROBATION BLDG DEPARTMENT: Buildings & Grounds Dept BID NO: #61100094 PRESENT DATE: June 29`" 2011 APPROVAL DATE: July 13t°, 2011 ELEVATOR OPTION PROPOSED VENDORS MODERNIZE #1 START DATE KONE INC $ 97,365.00 $4,400.00 10/3/2011 3 Inverness Drive East Englewood CO 80112 THYSSENKRUPP ELEVATOR $115,437.00 $6,771.00 09/12/2011 4562 Denrose Ct, Unit#5 Fort Collins CO 80524 SCHINDLER ELEVATOR $143,610.00 $5,950.00 10/1/2011 6950 W Jefferson #210 Lakewood CO 80235 OTIS ELEVATOR $144,372.00 $9,348.00 6 wks aro 700 W. Mmississippi Avenue, Unit E-1 Denver CO 80223 Option#1 —Cost to replace Car& Hoist way doors **Bids are being reviewed at this time. 2011-1579 V 9/D2(V Hello