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Home My WebLink About20100424 - ' =AIA Document Al Of - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty Second day of March in the year Two Thousand Ten (In worth, 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 document is modified. KONE Inc One KONE Court Moline,IL 61265 for the following Project: (Name, location and detailed description) Elevator Upgrade in the Courthouse(Bid#B 1000057) Greeley,CO The Architect: (Name, legal status, address and other information) Not Applicable Not Applicable Not Applicable The Owner and Contractor agree as follows. Init AU Document A1011,1-2107.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Instituteof Architects.All rights reserved.WARNING:This AIA`Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this MA®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.This document was created on 03/19/2010 16:30:33 under the terms of AIA Documents-on-Demand nA order no. 2005161902 ,and is nd for resale.This document is licensed by the American Institute of Archteds for one-time use only,and may not be reproduced prior to its completion. FD/` 1 �,B1 (l0 03/So('0 �1 ; �s 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) June 14,2010 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. Init. AlA Document A101”4—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects All rights reserved.WARNING:This AlCoocument is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 2 distribution of this Ale 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.This document was created on 03/19/2010 16:30:33 under the terms of AIA Documents-on-DemandTM order no. 2005161902 ,and is it for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than August 27,2010 ( 75 )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, f 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 Fifty Eight Thousand Six Hundred Dollars ($ 158,600.00 I,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 Init AN Document A101TM—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This NA®Document is protected by US.Copyright Law and International Treaties.Unauthorized reproduction or 3 distribution of this Ale 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.This document was created on 03/19/2010 16:30:33 under the terms of AIA Documents-on-Demand^"order no. 2005161902 ,and is not for resale.This document is licensed by the American Institute of Architeds for one-time use only,and may not be reproduced prior to its completion. §4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,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 thirtieth day of the(following) 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 A201MI-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 ALA Document A201-2007. Init AIA Document A101 Ill—2007.Copyright CI 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute d Architects.All rights reserved.WARNING:This NA°Document is protected by U.S.Copyright Law and International Treaties Unauthorized reproduction or 4 disbibuton of this Ale 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.This document was created on 03/19/2010 16:30:33 under the terms of AlA Documents-on-DemandT"order 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 pnorto 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 ALA 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 5.1.62 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, if other than the Architect) Not Applicable Init. AIA Document A181"—2007.Copy.lghtC 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.Al rights reserved.WARNING:This MAIDDocument is protected by U.S.Copyright law and International Treaties.Unauthorized reproduction or 5 distribution of this MA 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.This document was created on 03/19/2010 16:30:33 under the terms of AIA Documents-on.DemandTM order 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 prior to its canpietion. §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 binding 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, if any.) Per State of Colorado §8.3 The Owner's representative: (Name, address and other information) Mr.Toby Taylor N 1105 H Street N Greeley,CO 80632 §8.4 The Contractor's representative: (Name, address and other information) Mr.Gary Kunz N 3 Inverness Drive East N Englewood,CO 80112 N §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. Init. AIA Document A10111'-2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1%3,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 6 disbibution 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.This document was created on 03/19/2010 16:30:33 under the terms of AIA Documents-on-Demand n"order 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 prior to its 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 throughout the contract documents. In lieu therof,Contractor will provide 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. AIA Document A101'''—2007.Copyright®1915,1918,1925,1937,1951,1958,1%1,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.Al rights reserved.WARMNG:This AIA°Document is protected by D.S.Copyright Law and International Treaties.Unauthorized reproduction or 7 distribution of this Ale 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.This document was created on 03/19/2010 16:30:33 under the terms of AIA Documents-on-DemandT"order 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 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 NONE 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.AMA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part 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 February 25,2010 Exhibit B OPL Insurance Terms Exhibit C Pre-bid questions/answers dated February 17,2010 Init. MA Document A101,0—2007.Copyright®1915,1918,1925,1937,1951,1958,1961.1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARPING:This Abe Document 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 will be prosecuted tothe maximum extent possible under the law.This document was created on 03/19/2010 16:30:33 under the terms of AIA Documents-on-Demane order 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 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]] ofAlA Document A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount(S0.00) Performance Bond $158,600.00 This Agreement entered into as of the day and year first written above. .,rte' � . ` jZ wNE (Signature) r�S MAR 2 9 2010 co �pCTOR( 7 ure) pT ,yr,f Douglas Rademacher, Chair c tF-Sf/dd /4yo �S7/2/(74//lar-E'1 (Printed name and title) (Printed name and title) Board of Weld County Commissioners Init. AIA Document A101r"-2007.Copyright®1915,1918,1925.1937,1951,1958,1961,1983,1967.1974,1977,1987,1991,1997 and 2007 by The American Institute of Aniv7eds.AN rights reserved.WANING:This hiAeDoamerd is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 9 distribution of this Ale Document,or any portion oft may result In severe civil end criminal penalties,and will be prosecuted to the maximum extant possible under the law.This document was created on 03/19/2010 16:30:33 under the terms ofAlA Documents-onDemand"'order no. 2005161902 ,and is not for male.This document is licensed by the American Institute of Arch/teas for onetime use only,and may not be reproduced prior to its canpietlon. 41/)/1) —i^/ 11 M ' eotg\-c- P` ( 302 .-?mvts) REQUEST # B1000057 ELEVATOR UPDATE IN THE COURHOUSE 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 Modernization Sales Email: gary.kunz(a,kone.com February 25, 2010 REQUEST # B1000057 PROPOSAL SCHEDULE EQUIPMENT BROCHURES REFERENCE +++++++++++++++++++ REQUEST NO B1000057 +++++++++++++++++++ BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF ADMINISTRATIVE SERVICES DATE: February 1St, 2010 THIS DOCUMENT CONTAINS GENERAL INFORMATION FOR THE PURCHASING PROCESS OF WELD COUNTY GOVERNMENT. ALL ITEMS MAY NOT BE APPLICABLE. I. NOTICE TO BIDDERS A. The Board of County Commissioners of the County of Weld, State of Colorado, by and through its Director of Administrative Services, wishes to purchase the following: ELEVATOR UPDATE IN THE COURTHOUSE 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: FEBRUARY 2e, 2010 @1 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BE ADVISED THAT THE WELD COUNTY CENTENNIAL CENTER, 915 10T" STREET, GREELEY COLORADO IS A SECURE FACILITY. ALL PERSONS ENTERING THE BUILDING MUST PASS THROUGH SECURITY. 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. ***NOTICE PRE-BID WALK THROUGH DATE/TIME ON PAGE 3*** II. INVITATION TO BID A. The Board of County Commissioners of the County of Weld, State of Colorado, by and through its Director of Administrative Services, 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. The Weld County Purchasing Dept requests that your bid be emailed as well as mailed or faxed. The email addresses are: mwaltersCcilco.weld.co.us or reverett4co.weld.co.us. An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested you must submit/mail hard copies of your bid proposal. If mailed bids should be sent in a sealed envelope with the bid title and bid number on it, to Weld County Purchasing, 915 10th Street Room #334, Greeley CO 80631. Bids may be faxed to 970-336-7226 attention purchasing. The vendor must include the following statement on the facsimile or email, "I hereby waive my right to a sealed bid". Please call Purchasing at 970-336- 7225 if you have any questions. Bid information and bid tabulations can be found at www.co.weld.co.us listed under the Purchasing Department. (Please check website for any changes/addenda before submitting your bid.) BID REQUEST NO 61000057 Page 2 DESCRIPTION This project consists of a design/build contract for the turn-key full modernization of the existing elevator at the Courthouse located at 901 9th Ave, Greeley 80632. The existing elevator is registered with the State of Colorado Department of Labor and Employment with a State Facility ID: 08-003698 and the following information: State Job/Contract# Local ID Type Landing Conveyance ID CP08-006427 79-16687-051 NA Elevator-Traction 6 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, motor, repair bearings in hoist machine, and replace hoist ropes, the car sling, cab door operator, clutch, pick-up rollers and interlocks. 3. Inspect all bearings in all sheaves and replace if worn. 4. The following equipment should be retained: hoist way entrances, doors, door hanger rollers, pit equipment, rails and counter weights. 5. Machine Rooms: bring access and rooms into compliance with current codes. 6. Fire System interface/recall: bring into compliance with elevator/fire codes. (smoke detectors, shunt trip, etc. as required code) 7. Upgraded signals, personnel access, and phone will comply with Americans with Disability Act and OSHA. 8. Complete all fire/state/County required applications, permits and notification of modernization activities. Coordinate with Weld County to obtain appropriate county construction permits. 9. The interior of the car will be updated, with new lighting/ceiling, maple type laminate and stainless trim. Interior finishes and fixtures (i.e. laminate, lighting, handrail, etc.) must be approved by owner. 10.Include detailed scope of work included/excluded in bid. 11.Once work has commenced (e.g. elevator taken out of service) the contractor shall be allowed 6 weeks to complete all work. 12.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. 13. 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. 14.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. 15.Sump Pit must meet applicable codes. 16.Performance bond is required. ,. BID REQUEST NO B1000057 Page 3 SE.C VPIGg $ or ('?ZOaI SP L MODERNIZE ELEVATOR SEe SCI-ISO - PROPOSED START DAT ***THERE WILL BE A PRE-BID WALK THROUGH FOR THIS PROJECT ON WEDNESDAY, FEBRUARY 17TH, 2010 A 7:30 AM. TOBY TAYLOR, DIRECTOR OF BUILDINGS & GROUNDS WILL HANDLE THIS PROJECT. PLEASE MEET AT THE EAST SIDE OF THE COURTHOUSE, 901 91" AVENUE, GREELEY CO 80631. CALL THE WELD COUNTY PURCHASING DEPT IF YOU PLAN TO ATTEND. THANK YOU!*** 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 Administrative Services, 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 Administrative Services 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., titled "Notice to Bidders." BID REQUEST NO B1000057 Page 4 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. 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 Administrative Services. 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 BID REQUEST NO 61000057 Page 5 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 Administrative Services for the premature opening of a bid not properly addressed and identified. 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 Administrative Services. 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, PO 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 BID REQUEST NO 81000057 Page 6 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. 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 Administrative Services. 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. BID REQUEST NO B1000057 Page 7 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. :01 Denver Branch M 0 Sales Department Elevators Escalators February 25, 2010 KONE Inc. 3 Inverness Drive East Board of County Commissioners of the County of Weld, Englewood, CO 80112 State of Colorado, by and through its Director of Administrative Services Tel (303) 792-3423 Attention: Purchasing Dept Fax (303) 799-6369 www.us.kone.com Subject: Request# 61000057 Gary.Kunz@kone.com Elevator Update in the Courthouse Buildings & Grounds Dept KONE is pleased to provide for your review our bid/design build proposal to complete the elevator modification work on the one (1) Montgomery/KONE passenger elevator located at Weld County Courthouse in Greeley, Colorado. Our proposal is in accordance with the Request#1000057 dated February 1, 2010. Please note that we have made every attempt to be thorough and comprehensive with our bid. FOR PRICING, SEE PAGE 12 OF THE DESIGN BUILD PROPOSAL. FOR SCHEDULE, SEE THE CONSTRUCTION SCHEDULE. 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 existing Elevator Maintenance Contract. • The bid request advises that the contractor shall be allowed six (6)weeks to complete all work. However, no liquidated or consequential damages are specified. Pricing is provided for 1) regular time only and 2)overtime 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 6-week schedule. We thank you for the opportunity to bid on this project. Sincerely, K E Inc. Gary Kunz Modernization Sales MON 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 ATTENTION: Purchasing Department PROJECT NAME: Elevator Update in the Courthouse Buildings & Grounds Dept Bid Request # 81000057 LOCATION: 915 10`° Street Greeley, CO DATE: Thursday, February 25, 2010 �� Page 1 of 12 Geared Passenger Equipment Description Capacity: 2500 Speed: 200 Power Characteristics: 480 Volts 3 Phase 60 Hertz Landings: 6 Openings: 6 in line, reverse at None Bottom floor Served: Basement Top Floor Served: FIFTH Travel: 66 Ft. 8 In. Platform Size: 7 Ft. 9 In. wide X 4 Ft. 9 In. deep Entrance Size: 7 Ft. 0 In. High X 3 Ft. 6 In. Wide Entrance Type: Single Speed Side Sliding SCOPE OF WORK: I 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 Proposal, a complete description is provided. Where existing equipment and/or systems are to receive adjustment, repair, etc., clarification of this intent is provided. Where existing equipment and/or systems are not mentioned, the intent of this Proposal is to reuse said item(s) "as is". Geared Passenger Outline Specification Logic Control: NEW- ReSolve Simplex KONE Power Control: NEW - ReSolve AC KONE Operational Features: NEW- Resolve Selector KONE Rope Gripper: NEW Hollister-Whitney Motor: NEW- AC Drive Motor Imperial Hoist Ropes: NEW- 1/2" Traction Steel Ropes Draka Cage: NEW- Sling and Platform Hollister Whitney Door Operation: NEW- ReNova Package A2 KONE Electrical Features: NEW—Wiring and Switches KONE Fixtures: NEW- ReVive 500 Series KONE Cab Design: NEW—Custom Design Retro Elevator Machine: RETAIN — Repair Bearings N/A Deflector Sheave: RETAIN — Repair Bearings N/A Entrances: RETAIN —As is N/A Hoistway Doors: RETAIN —As is N/A Hoistway Door Hangars/Track: RETAIN —As is N/A Pit Equipment: RETAIN —As is N/A Guiderails: RETAIN - Car & Counterweight N/A Counterweights: RETAIN —As is N/A Warranty Period: 12 months N/A Maintenance 12 months N/A 02110 Page 2 of 12 Geared Passenger Detail Description KONE RESOLVE LOGIC CONTROL The KONE ReSolve logic control is equipped with two (2) 16 bit, 20 MHz processors. One processor is located on the motherboard and is dedicated to the elevator features, and the other is located on the drive interface board and is dedicated to the elevator's drive control. The KONE Resolve logic control incorporates single relay design. This means the logic control runs all signals and commands through transistors, in lieu of less reliable relays. A single relay is used in the logic control. This relay is required by Code, and is dedicated to the safety chain. On-board diagnostic capabilities eliminate need for separate diagnostic tools for the regular maintenance of the control system. FULL COLLECTIVE CONTROL The elevator(s)will be equipped with FC control and will utilize up and down call buttons at each intermediate floor. The FC control will register all landing and car calls and store them in memory. On the way up the car collects all up calls one by one and serve the given car calls. During the down trip the car stops to every down call in front of the car, respectively, and serves the given car call. The up and down call buttons are illuminated at every floor where landing calls are registered.The light of an up call is turned off when the car stops to answer the call during an up trip, and the light of a down call button is turned off when the car stops to answer the call during a down trip. KONE RESOLVE AC POWER CONTROL The KONE ReSolve Variable Voltage, Variable Frequency (V3F) drive motor control will be provided. The V3F drive will adjust and maintain the rotational speed of the motor in accordance with the load and position of the car relative to floor level. Closed-loop control is made possible through the use of two devices. A motor mounted encoder will provide velocity feedback to the V3F drive. Information from the encoder will be used with exact car position information from the KONE ReSolve BAR leveling system to provide accurate floor leveling. INSPECTION STATION A new car top inspection station will be provided. ALARM BELL An alarm bell will be mounted on the car top. When the alarm button in car has been pushed, the alarm bell will sound. EMERGENCY EXIT CONTACT This logic feature will not allow the car to move if the car top emergency exit contact is open. ril110 Page 3 of 12 EMERGENCY STOP DEVICE IN CAR The emergency stop device will cause the elevator to stop with the mechanical brake if the car is in the door zone and the doors are opened. All car calls will be cancelled. The elevator will return to normal service when a new car call is placed or when the doors are opened at door zone. AUDIBLE HANDICAP FEATURE An audible floor passing signal (buzzer) will be provided in the car to notify passengers that the car is either stopping or passing a floor. STUCK PUSH BUTTON SUPERVISION Call buttons will be supervised. If the signal from the button is not deactivated when the control system tries to cancel the call, the elevator will be allowed to leave the floor. Both car and landing call buttons will be supervised. This logic feature prevents service of the stuck call pushbutton. Once the stuck pushbutton is released new calls will be served normally. CAR CALLS FROM MACHINE ROOM The controller will be equipped with the capability to register car calls from the control panel for maintenance purposes. LANDING CALLS FROM MACHINE ROOM The controller will be equipped with the capability to register landing calls from the control panel for maintenance purposes. CAR DOOR CONTACT A car door safety switch will monitor the open/close status of the car door. EMERGENCY STOP SWITCH IN CONTROL PANEL An emergency stop switch will be provided in the control panel. The stop switch is designed to cause the elevator to stop with the mechanical brake. All elevator and door movement will be prohibited. The elevator will return to normal service when the stop switch is returned to the normal position. MOTOR PROTECTION A thermal or magnetic overload protective device shall be used to provide hoist motor overload protection.This logic feature is designed to stop the car immediately in the event of an overload. SZIO Page 4 of 12 PHASE FAILURE DETECTION Phase failure detection is designed to detect phase failure and prevent the elevator from operation after the detection. ADVANCE DOOR OPENING Doors will start opening when the elevator speed has decreased below the limit allowed by the safety code and the elevator is within the normal door zone. CONVENTION FEATURE The Convention Feature is designed to effectively serve a sudden crowd of passengers at a certain floor. FALSE CAR CALL CANCEL All car calls will be canceled if false car calls are detected. False car calls will be detected when the car has made two consecutive stops without interruption of the infrared safety beam. FIREMAN'S SERVICE Fire service features will be provided in accordance with the requirements of the applicable ASME A17.1, Safety Code For Elevators And Escalators including Addenda as they pertain to automatic (non-designated attendant) elevators with power-operated horizontally sliding doors. Equipment used for Fireman's Drive: • A three position key switch at the designated (main) level (BYPASS/OFF/ON) • A three position key switch in the main car operation panel of each (OFF/HOLD/ON) • An illuminated visual and audible signal in the car • only for Fireman's Drive operation) • Smoke detector signal from each floor. (Note: Smoke detector located at designated (main) level is separated from detectors located at all other floors). • Machine room smoke detector signal. • Hoist way smoke detector signal. PARKING AT MAIN FLOOR The parking at main floor feature will be provided so that the first elevator in the group that has no car or hall calls assigned will be automatically dispatched to the main floor. The elevator car may be parked with doors opened or closed. NUDGING SERVICE The nudging feature will be provided so that if the doors are prevented from closing for an extended period of time due to the operation of a safety edge, safety ray, curtain of light, door open button or optical passenger detector, nudging is activated. If closing is prevented by the safety ray, the curtain of light or the optical passenger detector, the doors will start to close at reduced speed. During nudging operation a buzzer in the car will sound. Nudging will continue until doors are fully closed. The door open button will reopen the closing door. The standard setting time before nudging commences operation is approximately 20 seconds. ODE Page 5 of 12 HOISTWAY ACCESS A Hoist way access feature will be provided that allows authorized personnel to gain access to the top of the car and hoist way. The operation of the hoist way access is carried out by means of a switch in the car operating panel and the switch at the top or bottom floor station. Authorized personnel may place the elevator on "access' with a keyed switch in the car operation panel. This will move the elevator into the service drive mode, keep the doors open and activate the keyed switch at the top or bottom floor station. Constant pressure on the switch at the top or bottom floor station will bypass the car and hall door lock contacts (only at the top or bottom floor) and move the car at service drive speed. The distance the car will travel is limited as per the applicable ASME Al7.1a code requirement. (This logic feature is available only when necessary hoist way access key switches are also provided elsewhere in this proposal). LOCKING OF CAR CALLS The car call locking feature allows selected floors to be locked so that a car call cannot be registered for the "Basement" and "Fifth" floors. Floor locking will be achieved through use of a Keyswitch locking device DRIVE MOTOR A new Geared Hoisting Machine Drive Motor will be provided and will be specifically designed and rated for elevator duty with high starting torque and low starting current. The new motor will be fitted to the existing machine, adjusted, and aligned to run smooth and free of excessive vibration. ASCENDING CAR OVERSPEED AND UNINTENDED CAR MOTION PROTECTION Ascending car over speed and unintended car motion protection shall be provided to prevent the car from striking the hoist way overhead structure as a result of a failure in: a.The electric driving machine motor, brake, coupling, shaft, or gearing. b. The control system. c. Any other component upon which the speed of the car depends, except the suspension ropes and the drive sheave of the traction machine. A new Rope Gripper will be installed which will provide a means to prevent ascending car over- speed and unintended car movement per Code. The Rope Gripper will be mounted on suitable structural steel supports and control circuits will be provided. HOIST ROPES New Hoist Ropes and Shackles will be provided. Cable tension will be equalized, as required. GOVERNOR The existing Governor will be reused. The governor will be recalibrated and tested for proper operation. IIII0 Page 6 of 12 BUFFERS The existing Car and Counterweight Buffers will be retained and reused in place. COUNTERWEIGHT The existing Counterweight will be reused and checked for proper counter- balance. If additional weight is required to achieve the proper counter- balance, it will be added as part of this Proposal. The existing Counterweight Frame will be modified, as required, to accommodate any additional weight. 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. HOISTWAY SWITCHES Terminal switches will be provided in the hoist way designed to automatically stop the car at or near the closest terminal landing. Over-travel switches will also be provided to automatically cut off power and apply the brake should the car travel beyond either terminal landing. PIT STOP SWITCH A pit stop switch will be provided in the pit. CIO Page 7 of 12 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 conductors 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 controller, 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. 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. 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. Closed-loop operation constantly adapts to changing conditions to maintain the predefined performance profile. oor 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, track/hanger roller assembly and an infrared door detector. Hoist way equipment included: Emergency opening device, pick-up roller assembly, interlock and reel closing device. The hoistway track/hanger roller assemblies will be retained and reused. �� Page 8 of 12 CAR SLING KONE will remove the existing sling and replace with a new sling including the following: • Sling and platform assembly is supplied complete with channel stiles, crossheads, gussets, braces, cable hitch plates and toe guard. • Type "B" Safety (Flexible Guide Clamp) CAB The cab design will be as explained in the following: • FRONT RETURN WALL— New #4 Stainless Steel (Brushed) • LIGHTING— New #4 Stainless Steel Suspended Ceiling with LED Downlights • CAR DOORS — New #4 Stainless Steel (Brushed) • NON-ENTRANCE WALLS — New Raised plastic laminate panels with painted reveals • HANDRAILS — New 3/8" x 2" flat stainless steel on rear wall • BASE — New Applied #4 (brushed) • VENTILATION — New two-speed fan • FLOORING — New Roppe Rubber flooring (color by owner) • SILLS — New Bronze sill 000 Page 9 of 12 SIGNAL FIXTURES Car Operating Panel 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. 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 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). Telephone instrument(s) meeting A.D.A. requirements will be provided by KONE. The Main Car Operating Panel will incorporate a digital 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. Hall Pushbutton Stations 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. Car Direction Sign 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. Access Switches A key operated, In-Car Access Enable Switch will be provided in the Main Car Operating Panel. When actuated, the key operated Access Switches, mounted at the top and bottom terminal elevator landings may then be utilized. Actuation of either of these Zoned Access Switches will move the car either UP or DOWN, at a reduced speed with the hoist way door open, within a predetermined zone in the hoist way providing hoist way and car access for inspection and/or service. NEW CAR FIXTURE FINISH All metal used on exterior surfaces of the car signal fixtures will be #4 (brushed) Stainless Steel. NEW HALL FIXTURE FINISH All metal used on exterior surfaces of the hall signal fixtures will be #8 (mirrored) Bronze. �©:0 Page 10 of 12 TRACTION ELEVATOR PREPARATORY WORK KONE agrees (at no charge to Purchaser): TO provide a legal hoist way of proper size with a dry pit of proper depth and clear overhead of adequate height including suitably sized support for necessary hoisting in accordance with KONE details. TO provide properly lighted and enclosed machine room with partition between room and hoist way. Access door will be adequately sized to accept KONE equipment. TO provide safe and code compliant access to governor and overhead sheave. TO provide 3 phase and single phase power wires in the machine room and to provide the conduit and connections to our controller terminals, with properly sized, intervening fused disconnect switches conveniently located in machine room. To provide all related life safety installation to accommodate Fireman's Phase I and II Recall, plus electrical materials to bring the elevator to current ANSI A17.1 —2004 code requirements. TO guard and protect the hoist way during the time the elevator is being installed and to complete all of this work in a safe manner. KONE exclusions: Sump Pump in pit. The State of Colorado has made a decision that sump pumps in existing pits are not required to be installed in existing pits if the existing pit is not being modified. The pit will not be modified in this modernization. Anyiwork to existing sprinkler system. SPECIAL PRECAUTIONS Any Asbestos removal necessitated by the work described in this Proposal will be the Purchaser's responsibility (NOT KONE). 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 the State of Colorado Elevator Permit. MAINTENANCE SERVICE We will furnish maintenance service on the elevator equipment provided for the period set forth at the beginning of this Proposal commencing upon substantial completion of our equipment installation. Equipment will be examined regularly. Any adjustments or replacement of parts, oiling, cleaning, etc., that may be necessary during that period will be done during KONE's regular working hours without charge. Ob:O Page 11 of 12 WE PROPOSE TO FURNISH AND INSTALL THE EQUIPMENT AS OUTLINED IN THE FOREGOING DESIGN BUILD PROPOSAL FOR THE NET SUM OF: Price Request #1: Regular Time Installation ... $158,600.00 ONE HUNDRED FIFTY EIGHT THOUSAND SIX HUNDRED AND 00/100 DOLLARS Price Request #2: Overtime Installation ... $203,800.00 TWO HUNDRED THREE THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS Included taxes are: NONE Included bonds are: Performance Bond This proposal includes pages 1 through 12. KONE Denver Branch 3 Inverness Drive East Englewood, CO 80112 BY: Gary Kunz Modernization Sales DATE: 4J 46, 20/O Incorporated in the State of Delaware IMO Page 12 of 12 3 s e OD ON L J QO .'1;2 N -- O s. o W c"' _L' N iii --1-- 1.- r~ a Tom F o H 8� Is-.0 N ;Y( a Ill Y N -01 :go 9- N ~ N C c O d W V `3 2 0 ` w 7 co w o o -c _ • rim ' O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o .- 0 r r .- r r r r r r r m r N r :17 N N N N N N N b b 4. L N M N l CO CD -O r r W W CD Q. L, h N c N N — v v b o fD f� N. N. r n c 7 - a 7• LL LL c li ? 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N o I - 1_0, I• Ir ao PROPRIETARY ISSUE STATEMENT For Mod Projects KONE is committed to providing the forest elevator modernization installation possible including a comprehensive,quality maintenance program for the life of the building. However, should for any reason KONE not maintain your KONE ReSolve elevator • control equipment,we currently offer the following solutions for the maintenance of your system: Spare parts KONE sells KONE proprietary parts directly to the equipment owner,upon the owner's request, at the same price levels at which we bill our regular maintenance customers for non-contract work. Technical expertise KONE provides technical service and adjustment support, upon the owner's request, at the same hourly rates we bill our regular maintenance customers for non- contract work. Diagnostic tool KONE ReSolve controls do not require an external diagnostic tool for normal maintenance purposes. Diagnostic capabilities are an integral part of KONE ReSolve controls. We trust these measures alleviate concern regarding availability of KONE proprietary spare parts, technical expertise,and the need for diagnostic tools. Sincerely, KONE Inc. Brad Fleming Assistant Vice President Modernization Business This Proprietary Issue Statement generally describes KONE's current proprietary spare parts policy. for the terms of your relationship with KONE please consult your contract. MKT-10-0059 Revl (11/14/05) . di •i TI` d r .? `I ATCS 4! m C O a) ra Q) to t u C .. rn ;G _� V L. N H N > V O _ ♦ _ W YO w v+ v C V �+ j r • _ . � ca Z> 0 c V O N a ' la -p J a) C 1 J T -O R u f p -.70 ID3 v, -p R a) y L i -54 a) � nC s u v-) c--) .- v. R 9 5 o u 0c Y y} p E o t C o w R • ✓ C V p C O Z >, C) i O a) Y v V) O Y f f: 1. N « Y C a)ca .r v R O v O Di Lea L E Y v C 3 ,. 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'Y.- C w ,err 1- O O I LI- Cif) O 00 Elevators Escalators KONE Inc., One KONE Court, Moline, Illinois 61265 • 800-956-KONE KONE Inc., 80 Homer Avenue, Toronto, Ontario M8Z 4X8 • 416-252-6161 www.us.kone.com MCD-S STANDARD FEATURES:- OPTIONAL FEATURES AVAILABLE AT ADDITIONAL COST: (Availability may be restricted depending upon design of total Canopy Reinforced 16 gauge mild steel, white elevator) baked enamel •Handrails: Lighting Fluorescent above suspended ceiling •Available for side walls Emergency Light Standard •Available in a variety of sizes, shapes & materials (stainless steel, 60/40 muntz & wood) Suspended Ceiling Removable translucent closed cell, vinyl panels supported in a natural anodized •Protective Pads for side and/or rear walls aluminum frame •Class "A" plastic laminate selections for raised wall panels Walls Modular, 16 gauge mild steel, black •Modified car height baked enamel •Modified car door height Wall Panels Raised, 5/8" thick, clad with plastic lami- nate (color as selected), Class "B" is •Several different ceiling/lighting design options standard. Panels edged in black plastic •Applied base (stainless steel or 60/40 muntz) laminate. •Door panel(s) clad in stainless steel or 60/40 muntz Front Return Wall 16 gauge stainless steel, wall(s) containing car station(s) swings out ver- •Available for front opening and for"double-ended" tically for access (key locked) applications Entrance Columns Integral with wall, stainless steel •Standard sizes available in passenger and hospital/service shapes Door Panel(s) 16 gauge reinforced hollow metal, car side finished in baked enamel (color as •Glass rear wall for passenger shape cabs selected from KONE standard) •Stainless Steel available in #4 (satin) or#8 (mirror)finish Handrail 3/8" x 2" (10 x 51) stainless steel on •60/40 muntz (bronze) available in brushed or mirror rear wall finish Ventilation Single speed exhaust fan and venting •Certificate Frame: Universal card size, stainless steel (per code) in canopy top & at bottom of side and rear walls SPECIAL NOTES: Base 4" (102) high reveal of cab wall (black) •MW-S is compatible with KONE Series 220 Elevator Signal Sill Natural finish extruded aluminum Fixtures Stainless Steel All #4 (satin)finish •Consult your KONE Professional for more information Car Construction & including data on other available options. Material Used Meets applicable codes For a local office near you call 1-800-956-KONE(5663). In Canada call 1-416-252-6151. Emergency Exit(s) Ceiling and/or side exit(s) as required by code Finish Flooring Not by Elevator Contractor (weight restrictions apply). The MCD-S is designed for flooring thickness (including substrate) no greater than 1/2"(13).For flooring of greater thickness, consult your KONE Professional. KONE Inc.reserves the right to alter design and specifications without prior notice. O2000 KONE Inc. SF2542 Rev800 Tilt' "ROPE GRIPPER>)g), It n recent years, there has been a great I deal of discussion about the need for protection against injuries caused by elevator cars leaving the floor with the doors open and overspeeding in the up direction. That's why Hollister-Whitney Swil- introduced the Rope Gripper"; a remarkable device used to grab elevator suspension ropes to stop the elevator in the event of a mechanical or electrical failure. It is imperative if an elevator ti overspeeds in the up direction and also • S r if the elevator leaves the floor with the *_ % doors opened. • Is f Ss. 41/4 The Rope Gripper"'has many unique features, such as a gently applied but powerful `grip' which doesn't damage the rope or cause any undue stress to the machine or traction sheave. Protection is assured even Iwhen slipping traction occurs. The Rope Gripper'" provides easy alignment with adequate clearances between the rope and self grooving`grip' linings and I provides power compensation with a constant but # -. powerful force to the rope even as the linings wear. t 1- - Only four wires are required to the elevator controls and installation is simple. The Rope Gripper'"is mechanically activated and hydraulically reset. t.=_.:l t_l: ton w Conforms To: 4 $ pi® CSA 644.1 (comncpre eeeu ,�,.... a.0= , V ASME A17.5 2000 ASME-417.5 sism n NRTL/C EN81-1 (EC Type ExamY,olion CedIilcal)4NE-01-400-,007.0 .O3) Page 13 217-222-0466 CAR SLINGS & PLATFORMS f I _4 WAt Hollister-Whitney we supply you with a complete line of passenger and freight car slings and platforms for both hydraulic and traction installations. Each car sling and platform assembly is supplied complete with channel stiles, crossheads, gussetts, braces, cable hitch plates (traction jobs only), cutout for sills, #26GA fireproofing on underside of wood platform, and one toe guard. These items are available: • Extra Toe Guards (for double opening) • Isolated Platform • Roller Guide Shoe Balance Weights • Wood and Steel or All-Steel Platform • Compensation Hitch,'i I • Freight Cabs • Vertical Rising Gates A HI i Due to the fact that equipment is quite y :;�, specialized, contact our sales department for pricing. A written quotation will be furnished to meet your requirements. When Ordering, Please Specify the Following: For Car Slings and Platforms: Capacity • Platform Width • Platform Depth • Distance from Front of Platform to Centerline of Car Rails • Distance Between Guides • Type of Guide Shoes • Type of Safety • Number of Openings on Car • Cab Weight • Underbeam to Platform Dimension • Type of Door (Single or 2 Speed)or Gate (Manual or Powered) • Side or Corner Post • Construction of Platform (Wood and Steel or All-Steel) • Car Sill Detail for MI-Steel Platform • Classification (Passenger; Class A, B, C-1, C-2, or C-3) • If Platform Isolation is Required For Gates: Clear Gate Openings, Width and Height • Clear Inside Cab Width • Car Overtravel • Dimension from Top Landing to the Underside of Nearest Obstruction for Both Posts and Gate (With or Without Gate Switch) • Single or Duplex Gate For Cab: Platform Width • Platform Depth • Height of Cab • Number&Size of Openings • Type of Lighting • Number and Size of Cutouts • Detail of Car Gates if Power Operated Page 25 217-222-0466 TYPE "IH" FLi xIL'LI GUIDE, CLAnuP SALTY The Hollister-Whitney Type "8" Flexible Guide Clamp Safety is Superior in Construction and Offers Many Important Features: • Designed in compliance with all requirements of ASME A17.1 code • Stopping force automatically exerted equally on both sides of each guide rail and readily adjustable through compression spring on each safety block • Full swivel of rail grips provides full and uniform contact on all rail faces when safety is actuated • Simple mounting under plank channels spaced for stile members of any size • All operating linkage is adjustable and located under the car for easy installation, inspection, and maintenance from elevator pit • Car safety switch'operated by linkage under the car and automatically resets • Arranged for mounting guide shoes of any type • Dusttight, watertight, and explosionproof switches available at an additional charge All H-W car guide shoes, _ _ except #377, bolt directly to #480 safety. Other manufac- ® - j turer's shoes may require 1I0 2 V8' adapter plates. C O 7 3/8" d�l Ba/4'2i a I dl 6 I al 1 c tL ( -I I-RAIL WIDTH+318" MODEL(SHIP WEIGHT 400#) 480 481 480 481 MAXIMUM LOAD (CAR♦CAPACITY•COMPENSATION) 15,000 Lbs. 20,000 Lbs. 13,000 Lbs. 18,000 Lbs. MAXIMUM CAR SPEED 500 F.P.M. 500 F.P.M. 800 F.P.M. 800 F.P.M. MAXIMUM TRIPPING SPEED 625 F.P.M. 625 F.P,M. 970 F.P.M. 970 F,P,M. RAIL SIZE All except 8 Lb. 18.5,22.5&30 Lb. All except 8 Lb. 18.5,22.5&30 Lb, NOTE: ALL MODELS,INCLUDING THOSE DESIGNED TO BE USED IN HIGHER SPEED APPUCATION,MEET ASME CODE A17.1 REQUIREMENTS. IN ADDITION,MODEL#480,FOR 500 F.P.M.AND BELOW,IS APPROVED FOR VA,G.S.A.AND STATES OF CALIFORNIA,PENNSYLVANIA, AND WISCONSIN.ALSO,MODEL#481,FOR 500 ERM.AND BELOW,IS APPROVED FOR STATES OF PENNSYLVANIA AND WISCONSIN. When Ordering Safeties, Please Specify The Following: • Car Speed • Face to Face of Guide Rails • Rail Size • Governor Location • Stile Size • Type of Guide Shoes to be Used • Gross Load (Empty Car Weight&Capacity) Page 21 217-222-0466 .♦ M IIII■■ DENVER MUSEUM OF CNATURE&SCIENCE January 26,2010 Mr.Chris Perlinger Mr. Mark Rogers Kone Inc. 3 Inverness Drive Englewood,CO 80112 Dear Mr.Perlinger and Mr.Rogers, During the past year,Kone has worked at the Denver Museum of Nature and Science with the removal of two existing elevators(one hydraulic S stop and one MRVF 4 stop converted to a 5 stop)and then installed two EcoSpace Gearless Traction Elevators. Each installation was extremely different from the other: the first install was during a major construction renovation and was part of the entire project whereas the second installation was a standalone installation during normal operation of the Museum. Despite the construction differences,the projects were executed with the same level of dedication,professionalism and attention to detail which ultimately made these successful projects for the Denver Museum of Nature and Science. During the proposal and ordering process,Gary Kunz did an excellent job in providing the correct product for our environment and was ahead of any issues that arose,having the solution in hand. From Sales to Installation,with Jeff Tatnall and his install crew,this level of attention and forethought carried through. The removal of the old equipment was done with the highest attention to safety and was always done ahead of schedule. The new installs were seamless with the projects completed ahead of schedule(in fact,the second installation was done a month prior to the due date). The most important aspect of these two installs was one very simple fact—Kone,especially Brian Brunk and Tim Reed,took ownership in these projects and treated it as their building. With an average of 1.4 million visitors annually,the visitor experience at the Museum is critical to our mission. It was equally reflected by Kone during their projects. In all aspects, Kone solved problems that would reduce impact to our visitors while working around the demanding visitor schedule and Museum environment. Without missing a beat,Kone truly showed their abilities to perform again and again. I sincerely thank you for your company's hard work and dedication on our projects. If you have any questions,please do not hesitate to contact me at the number listed below. Sincerely,,C9Jeff Joplin Capital Project Manager Denver Museum of Nature and Science 2001 Colorado Blvd. 303-370-6046 Denver, CO 80205-5798 P 303.322.7009 F 303.331.6492 www.dmns.org Ex#Lei r 3 (2 6, ?ac.-6,$) , , ACORD n CERTIFICATE OF LIABILITY INSURANCE DATE A1,0 2009 YY, PRODUCER Aon 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 POLICIES BELOW. Chicago,IL 60601 INSURERS AFFORDING COVERAGE NAICIM INSURED KONE Inc. INSURER A: Old Republic Insurance Company INSURER B: One KONE Court ta..I:-.. II clocc INSURER C: IVPVIII 1V,IL U I CU,/ INSURER D: Attn: Law Department FAX#309-743-5800 INSURER E: COVERAGES THE POLICIES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.FXCI USIONS AND CONDITIONS OF SUCH POI ICIFS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR AWL TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS I_TR INSD DATE MIDDJYYI DATEIhIAHODJTYI GENERAL LIABILITY EACH OCCURRENCE S 10,000,000 A X COMMERCIAL GENERAL LIABILITY MWZY 57732 01/01/2010 01/01/2011 PREMISES(Es occurrence) $ 10,000,000 CI AIMS MADE n OCCUR MED EXP(Any one person) $ 0 PERSONAL.&ADV INJURY S 10,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 10,000,000 POLICY n7 n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A MWTB 20018 01/01/2010 01/01/2011 (EaAcudent) $ 2,000,000 X ANY AUTO ----- ----"--- ALL OWNED AUTOS BODILY INJURY I SCHEDULED AUTOS (Per person} $ I HIRED AUTOS BODILY INJURY $ I1NON-OWNED AUTOS (P;:ratc nil PROPERTY DAMAGE $Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ 1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR n CLAIMS MADE AGGREGATE $ S DLDUCTIAL.E - -------___—$_ RETENTION S $ WORKERS COMPENSATION AND X VVC STATU- OTH. A EMPLOYERS'LIABILITY MWC 115397 02(AOS) 1/1/2010 1/1/2011 (TORY LIMITS ER A ANY PROPRIETOR/PARTNERIEXECUTNE MWXS 822 02(OH) 1/1/2010 1/1/2011 El.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE_-EA EMPLOYEE $ 2,000,000 I ye5,describe under SPECIAL PROVISIONS below E.L.OIrASF-POLICY LIMIT $ 2,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Weld County-Various Locations Contact#40067113 CERTIFICATE HOLDER CANCELLATION Certificate ID 15,227 , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Weld County NOTICE TO THE CERTIFICATE HOLDER NAND TO THE LEFT,BUT FAILURE TO DO SO SHALL 915 10th Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INJURER,ITS AGENTS OR Greeley,CO 80632 REPRESENTATITIVES. AUTHORIZED REPRESENTATIVE A O X VskS ervicesCenttg Inc ACORD 25(2001/08) ©ACORD CORPORATION 1988 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS OLD REPUBLIC INSURANCE COMPANY •x0,.** *** � lr. OLD RER BUUC i; •.I",., * * ha.ImPoranceCWnpMJ POLICY NUMBER POLICY HOLDER SERVICE OFFICE PRODUCER MINT'?57677 Old Republic Risk Management, Inc Aon Risk Services, Inc.of llinois 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 01101/2009 to 01/li1201(I at 12:01 AM.Standard Time at your mailing address shown above. Location of Covered Operations: SAMPLE Designated Contractor: KONE INC. Mailing Address: ONE KONE COURT.N1O1.iNF..11.61265 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. LIMITSOF INSURANCE Each Occurrence Limit $ Aggregate Limit $ DESCRIPTION OF BUSINESS Form of Business: ❑ Individual O Joint Venture ❑ Partnersnip ❑ 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 of Cost $ $ 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 Forms/Endorsements Countersigned: 06/23/2009 By Authorized Representative CG DEC ON 0001 04 99 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 2 Copyright,Insurance Services Office,Inc.,1998 Law-00-0040 (0609) POLICY IDENTIFICATION DECLAKA I IONS-GENERAL LIABILITY POLICY MWZY 57677 FORMS AND ENDORSEMENTS(Page 1 of 1) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION SCHEDULE OF COVERAGE PARTS 0G00091207 Owners and Contractors Protective Liability Coverage Form -Coverage for Operations of Designated Contractor SCHEDULE OF ENDORSEMENTS End!No. Form No. Description 1 CL1771207 Cuick Reference OCP Liability Coverage Part 2 CG 0091207 OCP Liability Coverage Form 3 PIL 0081203 Economic and Trade Sanctions Condition 4 CG 2951 1207 Employment-Related Practices Pxclusion,.' ( 5 PGL 0041103 Asbestos Exclusion Endorsement 6 PGL 0231103 Lead Exclusion Endorsement 7 CG 33700305 Silica or Silica-Related Dust Exclusion 8 CG 31311204 Fungi Or Bacteria Exclusion 9 IL 00210908 Nuclear Energy Liability Exclusion Endorsement(Broad Form) 10 CG 21730108 Exciitsiiin of Certified Acts of Terrorism 11 CG 29050705 Illinois Changes-Cancellation And Nonrenewal 12 IL 01620908 Illinois Changes-Defense Costs 13 PGL 0591204 Total Pollution Exclusion with a Building Heating,Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception This declaration and the coverage form(s)and endorsements.if any,listed above and attached,complete this policy. Countersigned at: Authorized Agent: Date: 06'23.2009 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 CO DEC GN 0001 04 99 Ccovriont Insurance Services Office.Inc.. 1998 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 Dirties 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 maieuai ee insurance Services Office,Inc.,with ps p rr:is ron. CL 17?(11-01) Copyright.Iiisurairice Services Office,Inc.,1984 Page 1 of 1 • Law- 00-0040 (0609) 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 damage" is 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 e ratio ns; marks have special meaning. Refer to Section V — (2) The "bodily injury" or "property damage" Definitions. occurs during the policy period;and SECTION 1—COVERAGES (3) Prior to the policy period, no insured listed BODILY INJURY AND PROPERTY DAMAGE under Paragraph 1. of Section 11 —Who Is LIABIUTY 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, prior to the to which this Insurance applies. We will have policy period, that the "bodily injury" or the right and duty to defend the insured against "property damage" 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 known prior to the policy period. surance does not apply.We may,at our discre c. "Bodily injury" or "property damage" which tion. investigate any "occurrence" and settle occurs during the policy period and was not, any claim or"suit"that may result. But: prior to the policy period, known to have oc- (1) The amount we will 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 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 inser- cludes any continuation, change or resumption ance in the payment of judgments or set- of that "bodily injury" or "property damage" at- 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 G ISO Properties, Inc., 2006 Page 1 of 9 ❑ Law-00-0040 (0609) 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 sure(' 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 ail,or any part, of the"bodily injury" "Bodily injury" or"property damage" which cc- or"property damage" to us or any other in- curs after the earlier of the following times: surer; (1) When all "work" on the project (other than (2) Receives a written or verbal demand or service, maintenance or repairs) to be per- c±aim 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 corn- (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 nsurance 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 cf 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 tor 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 09 12 07 O Law-00-40 (0609) 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 heal 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 Lion or maintenance of such property for from a"hostile fire"; any reason,including prevention of injury to a person or damage to another's property; (b) At or from any premises,site or location 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 caused,arising,directly or indirectly,out of: (I) Any insured;or (1) War,including undeclared or civil war; (ii) Any person or organization for whom 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- ment, sovereign or other authority using or subcontractors working directly or in- military personnel or other agents;or directly on any insureds behalf are per- forming operations it 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 tons 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 Pollution me- chanical functions necessary for the 1 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 tease 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 e ISO Properties, Inc.,2006 Page 3 of 9 O Law-00-0040 (0609) (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 nut of the loss of,loss of use of,damage to,corruption of,inability to access, (iii) "Bodily injury" or "property damage" 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 (e) 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 invest- (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) C:aim 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 cured 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. k. Damage To Impaired Property Or Property f. Prejudgment interest awarded against the Not Damage PhysicallyoIIn Injured insured on that part of the judgment we pay. If j 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 0 ISO Properties,Inc.,2006 CG 00 09 12 07 ❑ Law-00-0040 (0609) 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 en"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 c. The obligation to defend. or the cost of the terms of the agreement described in Paragraph f. 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- demnitee; sured. Your members, your partners, and their spouses are also insureds, but only with re- e. The indemnitee and the insured ask us to sped 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 are insureds, but only with respect to their du- papers received in connection with the 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 fate 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 of 9 O Law-00-0040 (0609) 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 Iatlon 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 1. If notice is mailed, proof of mailing will be suffi- c. Persons or organizations making cleims or dent 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 If you designate more than one project in the Declara- us and made a part of this policy. 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 deemed part of the last preceding period for purposes (2) The names and addresses of any injured of determining the Limits of Insurance. persons and witnesses;and 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 oblige- (1) Immediately record the specifics of the tons 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- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancetla- tice of the claim or "suit" as soon as practica Lion. ble. Page 6 of 9 ©ISO Properties, Inc.,2006 CG 00 09 12 07 ❑ Law-00-0040 (0609) 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 lion, under slate or municipal statutes, ordi- or"suit"; nances or regulations, of boilers, pressure vessels or elevators. (2) Authorize us to obtain records and other 7 Legal Action Against Us information; (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- 8. Other Insurance cords as they relate to this policy at any time dur- 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- tion from any other insurance available to you 6. Inspections And Surveys 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 or,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- dertake to perform the duty of any person or Iribution by equal shares,we will contribute by Um- 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: once 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 17I Law-00-0040 (0609) 10.Premium Audit 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- 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". dirt 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 nas 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 feel 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 ot 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 corn- roads; pulsory or financial responsibility law or other motor vehicle Insurance law in the state where It is licensed or principally garaged. Page S of 9 ®ISO Properties,Inc.,2006 CG 00 09 12 07 ❑ Law-00-0040 (0609) 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, rterttly 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 ail 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- manently attached equipment of the following b. Loss of use of tangible property that is not 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- ing, geophysical exploration, lighting and For the purposes of this insurance, electronic data well servicing equipment;or is not tangible property. (2) Cherry pickers and similar devices used to used in this definition, electronic data means raise or lower workers; information, facts or programs stored as or on, created 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 Stales 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 (a) Snow removal; "properly damage"to which this insurance applies 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 O Law-00-0040 (0609) IL 10 (12i06) OLD REPUBLIC INSURANCE COMPANY THIS ENUCRSCMENT CHANCES 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 eb 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 Stales 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 en Insured, who Is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to United Stales 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,ctairn or`suit"that is brought by any Specially Designated National or Blocked Person or any person UT 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 awned 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 Eneorsement,a Specialty Designated National or Mocked 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 ecunonnc embargoes imposed by the laws or regulations of the United Stales of America. I'. PIL 008 12 03 T:1FormslPretenedManuscripiLangk.agtAl dentine8ORRMTenorismForms_PILlEcanomicBTradeExd PIL0D81203.DDC Law-00-0040 (0609) • 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) above is directed. This Insurance does not apply to: • "Bodily injury"to: This exclusion applies: 1 Aperson arising out of any: (1)Whether the injury-causing event described in • (1) 9 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:Of 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 • tion, harassment, humiliation, discrimination or someone else who must pay damages because cf malicious prosecution directed at that person: the injury. or CG 29 51 12 07 d ISO Properties.Inc.,2006 Page 1 of 1 Law-00-0040 (0609) IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY • Ti • IIS ENDORSEMENT CHANGES THE POI ICY.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 anode or products containing asbestos; 12) The use of asbestos in constructing or manufacturing any goods, products or structures; • l3) The rernoval of astestos from any goods,products or structures;or • • (4) The manufacture, transportation, storage or disposal of asbestos rx worts or • products containing asbestos. b. This insurance does not apply to any: (1) Request,demand or order that any insured or others lest for,monitor, clean up, • remove, contain,treat,detoxify,remediate. neutrall2e,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 NAForms\PreferredManuscriptLanguage\GL_PGL',Asbesfos Excl-OCP 7-98,10-01,12-04&12-07 PGL0041103.doc Law-00-0040 (0609) IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDCR EMENT CHANCES THE POLICY.PLEASE READ IT CAREFULLY. LEAD EXCLUSION ENDORSEMENT This erufwsement rnudifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following Exclusion is added to SECTION 1 - COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY,paragraph 2.Exclusions: L. Lead (1) This insurance does net apply to"bodily injury"ur"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 irr 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. ?GL 023 11 03 N:1Forrns\PreferredManuscriptlanguage\GL_PGL\Lead ExclusionOCP 7-98,10-01.12-04&12-07 PGL0231103.doc Law-00-0040 (0609) 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 PROI EC1 fVE 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 or in part, out of the abating, testing for, Injury And Property Damage Liability: monitoring, cleaning up, removing, 2. Exclusions containing, treating, detoxifying, neutralizing, rernedialing or disposing of, Of • This insurance does not apply to: in any way responding to or assessing the • SILICA OR SILICA-RELATED DUST effects of,"silica'or"silica-related dust",by any insured or by any other person or a. 'Bodily injury' arising, in whole or in part, entity. out of the actual, alleged, threatened or suspected inhalation of, or ingestion of, B. The following definitions are added to the 'silica'or"silica-related dust". Definitions Section: b. "Property damage' arising, in whole or in 1. "Silica" means silicon dioxide (occurring in pact, out of the actual, alleged, threatened crystalline, amorphous and impure forms), or suspected contact with, exposure to, silica particles,silica dust or silica compounds. existence of, or presence of, "silica- or 2. "Silica-related dust" means a mixture or "silica-related dust". combination of silica and other dust or particles. CG 33 70 03 05 C)ISO Properties,inc.,2004 Page 1 of 1 Law-00-0040 (0609) • CO'AMERCIAL 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 PRCDUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART A. 1 he following exclusion is added to Paragraph 2. b. Any loss, cost or expenses arising out of • Exclusions of Section I - Coverages - Bodily the abating,testing for,monitoring,cleaning Injury And Property Damage Liability: up, removing,containing,treating, detoxify- 2. Exclusions ing, neutralizing. remediating or disposing of, or in any way responding to,or assess- This insurance does not apply to: ing the effects of."fungi"or bacteria,by any Fungi Or Bacteria insured 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 nr in bacteria that are, are on, or are contained In, a part, but for the actual. alleged or threat- good or product intended for bodily consumption. ened inhalation of, Ingestion of, contact B. The following definition is added to the Definitions with,exposure to.existence of,or presence Section: of, any "fungi' or bacteria on or within a building or structure, including its contents, "Fungi moans any type nr form of fungus. inGud- regardless of whether any other cause, ing mold or mildew and any mycotoxins, spores, event, material or product contributed con- scents or byproducts produced or released by currently Of in any sequence to such injury fungi. or damage. • • • CG 31 31 12 04 G ISO Properties,Inc., 2003 Page 1 of 1 Law-00-0040 (0609) 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- lion of Canada or any of their successors. sessed, handled, used, processed, stored, or would be an insured under any such pot- 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 "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 clusion (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 Law-00-0040 (0609) "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 corn- 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 eouipment 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 Law-00-0040 (0609) 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. drecity or indi- be an act of terrorism pursuant to the federal redly,out of a"certified act of terrorism". Terrorism Risk insurance Act.The criteria con- B. The following definitions are added: tained in the Terrorism Risk Insurance Act for a "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 a 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 ism Risk Insurance Act,and not limited to "bodily injury", "property dam- age", "personal and advertising injury", "injury" b. l he 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 03 ©ISO Properties, Inc., 2007 Page 1 of 1 D Law-00-0040 (0609) 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 Slate. 1. The first Named Insured shown in the Dec- larations may cancel this policy by mailing to 4. We will mail cur 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 r and the "contractor" written notice stating �. Notice of cancellation will state the effective the reason for cancellation. If we cancel date of cancellation. The policy period will end on that date. a. For nonpayment of 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 If we decide not to renew or continue this policy, more of the following reasons: 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 you do not accept, this policy will terminate at the c. Any insured has violated any of the end of the current policy period. Failure to pay the terms and conditions of the policy; 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; ter. 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 newel 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- C. Mailing Of Notices cured;or We will mail cancellation and nonrenewal notices to the last addresses known to us. Proof of mailing will be sufficient proof of notice. CG 29 05 07 05 ©ISO Properties,Inc.,2004 Page 1 of 1 D Law-00-0040 (0609) 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 -MORTGAGEHOLUERS 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 duly to de- for an insured's ("insured's")defense but later de- fend under: :ermine 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 0 Law-00-0040 (0609) 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. Exciusinns—Exclusion j.is replaced by the following: This insurance does not apply to: j. Pollution (1) "Bodily injury"or"property damage"which would not hove 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 riot 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 DI 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: (f) Al any premises,site or k cation 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 050 12 C4 Page 1 of 2 N:1Forrtls\PreferredManuscrip1Language\GL_PGL1TotaI Poll ExclwhBldgHeal&DehumidEquip- Host'r:eFiresexCeption OCP 12-04&12-07 PGL0591204.doc Law-00-0040 (0609) Request,demand,order or statutory or regulatory requirement that any insured or others test for, monitor,clean up, remove, contain,treat, detoxify or neutralize, Cr 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,boating.detoxifying or neutralizing,or in any way responding to,or assessing the effects of,"pollutants". • • PGI.05912 D4 Page 2 of 2 • Law-00-0040 (0609) g- k-ckgrT c ( z P&G-S) Here are the questions/answers/comments to the February 17, 2010 Courthouse Elevator modernization pre-bid meeting: 1. Please provide two prices: First a pricing to perform work during business hours and second to perform work after business hours (e.g. after 5:30PM Mon-Fri and all day Sat-Sun) 2. The catwalk and ladder in the attic which accesses the shaft must be replaced and meet all applicable codes. 3. What modernizations will be required for sump pit? ANSWER: Check codes to see what will apply. 4. Will the County pay for County permits. ANSWER: Yes 5. Can you define the "6-week" window? ANSWER: The elevator can only be down/out of operation for 6-weeks. The entire job from award of bid may take longer. However, proper scheduling, preparation, follow-on work, parts order and inspection for use, etc. should accommodate only 6 weeks out-of-service. 6. Can we get a list of attendees? ANSWER: These will be published on the Weld County website under Purchasing. 7. Do we need to try and match the brass surround and doors seen from the public/lobby side? ANSWER: These will remain as is. 8. When it say design build "turn-key" does that mean we'd be responsible for all aspects that a general contractor would be? ANSWER: Yes More questions: (added 2/23/10) 1. Will the bids be publically opened on February 25th @ 10:00 AM? If yes, will bidders have a chance to review the bids? YES AND YES 2. Will Car Door Hangar/Track be replaced? This is typical with a new door operator. YES 3. Specification calls for the Car Sling to be replaced. Is this correct? If yes, it is standard for the cab and platform to be replaced since they are being removed. Is the platform being replaced? YES, SLING IS TO BE REPLACED. TYIPICALLY THE PLATFORM AND SLING COME AS A UNIT. OUR EXPECTATION WOULD BE TO HAVE THEM REPLACED AS A UNIT RATHER THAN PIECING IT TOGETHER. 4. Specification calls for interior of car to be updated. See Question #3. Is the cab being replaced or updated? We suggest replace. COMPLETE UPDATE IS REQUIRED. WHETHER TO REPLACE OR UPDATE EXISTING TO ACCOMPLISH ITENT WILL BE DEPEND ON THE VENDORS PROPOSED SOLUTION. BID APPROPRIATELY FOR YOUR PROPOSED SYSTEM. DETAILS SHOULD BE PROVIDED IN THE INCLUDED/EXCLUDED SCOPE OF WORK. 5. There is no specification on the fixtures. Are the buttons and lights being replaced? We assume that all fixtures are being replaced. INTERIOR IS TO BE COMPLETELY UPDATED. THIS INCLUDES BUTTON, LIGHTS, ETC. ALL MUST BE APPROVED BY OWNER MEMORANDUM fait; To: Board of County Commissioners Wi`P O From: Toby Taylor O FRe:ro Courthouse Elevator Update: Bid B1000057 COLORADO Date: March 8, 2010 As advertised, this bid is to modernize the elevator at the Courthouse. Buildings and Grounds recommends the low bid from Kone Inc at regular time installation for $158,600 be awarded. 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