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HomeMy WebLinkAbout2015-285 1 RESOLUTION NO. 2015-285 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH 3 TY LIN INTERNATIONAL FOR THE PREPARATION OF A PROJECT STUDY 4 REPORT/PROJECT DEVELOPMENT SUPPORT DOCUMENT FOR THE UNIVERSITY PARKWAYANTERSTATE 215 INTERCHANGE LOOP ENTRANCE 5 RAMP PROJECT (SSO4-19). 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized and directed to execute 9 Amendment No. 7 to the Agreement for Professional Services with TY Lin International to 10 provide additional services for preparation of a Project Study Report/Project Development 11 Support (PSR/PDS) document for the University Parkway/Interstate 215 interchange loop 12 13 entrance ramp project (SSO4-19), said Amendment being attached hereto as Exhibit "A" and 14 made a part hereof. 15 SECTION 2. The authorization to execute the above-referenced Agreement is 16 rescinded if it is not executed within sixty (60) days of the passage of this Resolution. 17 18 19 20 21 22 23 24 25 26 HI 27 28 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH 2 TY LIN INTERNATIONAL FOR THE PREPARATION OF A PROJECT STUDY REPORT/PROJECT DEVELOPMENT SUPPORT DOCUMENT FOR THE 3 UNIVERSITY PARKWAY/INTERSTATE 215 INTERCHANGE LOOP ENTRANCE 4 RAMP PROJECT (SSO4-19). 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7 21"day of December, 2015, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 15 NICKEL x 16 JOHNSON x 17 MULVIHILL x 18 Georgea anna, CMC, City Clerk 20 � 21 The foregoing resolution is hereby approved this day of Dece ber, 2015. 22 23 - �0 4 24 R. CAREY D VIS, Mayor City of S n Bernardino 25 Approved as to form: 26 GARY D. SAENZ, City Attorney 27 28 B 7t 2 2015-285 EXHIBIT "A" AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH TY LIN INTERNATIONAL This AMENDMENT is made and entered into this 21st day of December 2015, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "City" and TY Lin International, hereinafter referred to as"Consultant." WITNESSETH: A. WHEREAS, on December 6, 2004, the City adopted Resolution No. 2004-383 approving Agreement for Professional Services in the amount of$249,050.00 with Consultant to provide a Project Study Report/Project Report and the supporting studies and documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project hereinafter referred to as "Project"; and B. WHEREAS, on July 16, 2007, the City adopted Resolution No. 2007-257 approving Amendment No. 1 to Agreement for Professional Services with Consultant to provide additional design, environmental and traffic engineering services for the Project; and C. WHEREAS, on February 19, 2008, the City adopted Resolution No. 2008-60 approving Amendment No. 2 to the original Agreement for Professional Services with Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project(SSO4-19). D. WHEREAS, on May 19, 2008, the City adopted Resolution No. 2008-152 approving Amendment No. 3 to the original Agreement for Professional Services with Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project (SSO4-19); and E. WHEREAS, on July 6, 2009, the City adopted Resolution No. 2009-199 approving Amendment No. 4 to the original Agreement for Professional Services with Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project(SSO4-19); and F. WHEREAS, on September 3, 2013, the City adopted Resolution No. 2013-258 approving Amendment No. 5 to the original Agreement for Professional Services with Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project (SSO4-19); and G. WHEREAS, Amendment No. 5 extended the term of said Agreement for Professional Services to June 30, 2015; and - 1 - 2015-285 Amendment No. 7 to Agreement for Professional Services with TY Lin International. H. WHEREAS, Amendment No. 6 extended the term of said Agreement for Professional Services to June 30, 2016. I. WHEREAS, changes to the scope of services have occurred that were beyond the control of Consultant and the City and will require Consultant to perform additional work and incur additional costs not anticipated at the time of execution of the original Agreement for Professional Services; and I WHEREAS, staff concurs that the work for which additional compensation is requested was not included in the original Agreement for Professional Services as amended; and K. WHEREAS, Consultant has submitted the attached proposal dated October 22, 2015 and marked Attachment "1" to perform the necessary additional work to complete the Project. NOW THEREFORE, the parties hereto agree as follows: 1. Section 5 "Compensation" of said Agreement for Professional Services is amended to add the following: Al. The total not-to-exceed compensation to date for this Consultant Agreement is as follows: Description Amount Original Agreement $ 249,050.00 Amendment No. 1 $ 180,329.00 Amendment No. 2 $ 37,681.00 Amendment No. 3 $ 27,906.00 Amendment No. 4 $ 36,849.00 Amendment No. 5 S 65,235.00 Amendment No. 6 0.00 Amendment No. 7 (Proposed) $ 26,585.00 Totals $ 623,635.00 2. All other terms and conditions of said Agreement for Professional Services, as amended, approved by Resolution Nos. 2004-383, 2007-257, 2008-060, 2008-152, 2009-199, 2013-258 and 2015-166 shall remain unchanged. -2- 2015-285 Amendment No. 7 to Agreement for Professional Services with TY Lin International. AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH TY LIN INTERNATIONAL IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first shown above. CITY OF SAN BERNARDINO TY LIN INTERNATIONAL by: by: Allen Parker, City Manager Signature Print Name/Title Approved as to form: Gary D. Saenz, City Attorney By: -3 - 2015-285 EXHIBIT "A" AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH TY LIN INTERNATIONAL This AMENDMENT is made and entered into this 21st day of December 2015, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "City" and TY Lin International, hereinafter referred to as "Consultant." WITNESSETH: A. WHEREAS, on December 6, 2004, the City adopted Resolution No. 2004-383 approving Agreement for Professional Services in the amount of$249,050.00 with Consultant to provide a Project Study Report/Project Report and the supporting studies and documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project hereinafter referred to as "Project"; and B. WHEREAS, on July 16, 2007, the City adopted Resolution No. 2007-257 approving Amendment No. 1 to Agreement for Professional Services with Consultant to provide additional design, environmental and traffic engineering services for the Project; and C. WHEREAS, on February 19, 2008, the City adopted Resolution No. 2008-60 approving Amendment No. 2 to the original Agreement for Professional Services with Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project (SSO4-19). D. WHEREAS, on May 19, 2008, the City adopted Resolution No. 2008-152 approving Amendment No. 3 to the original Agreement for Professional Services with Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project (SSO4-19); and E. WHEREAS, on July 6, 2009, the City adopted Resolution No. 2009-199 approving Amendment No. 4 to the original Agreement for Professional Services with Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project(SSO4-19); and F. WHEREAS, on September 3, 2013, the City adopted Resolution No. 2013-258 approving Amendment No. 5 to the original Agreement for Professional Services with Consultant to provide PSR/PR documents for the University Parkway/Interstate 215 Interchange Southbound Loop entrance ramp project (SSO4-19); and G. WHEREAS, Amendment No. 5 extended the term of said Agreement for Professional Services to June 30, 2015; and - 1 - 2015-285 Amendment No. 7 to Agreement for Professional Services with TY Lin International. H. WHEREAS, Amendment No. 6 extended the term of said Agreement for Professional Services to June 30, 2016. L WHEREAS, changes to the scope of services have occurred that were beyond the control of Consultant and the City and will require Consultant to perform additional work and incur additional costs not anticipated at the time of execution of the original Agreement for Professional Services; and I WHEREAS, staff concurs that the work for which additional compensation is requested was not included in the original Agreement for Professional Services as amended; and K. WHEREAS, Consultant has submitted the attached proposal dated October 22, 2015 and marked Attachment "1" to perform the necessary additional work to complete the Project. NOW THEREFORE,the parties hereto agree as follows: 1. Section 5 "Compensation" of said Agreement for Professional Services is amended to add the following: Al. The total not-to-exceed compensation to date for this Consultant Agreement is as follows: Description Amount Original Agreement $ 249,050.00 Amendment No. 1 $ 180,329.00 Amendment No. 2 $ 37,681.00 Amendment No. 3 $ 27,906.00 Amendment No. 4 $ 36,849.00 Amendment No. 5 S 65,235.00 Amendment No. 6 0.00 Amendment No. 7 (Proposed) $ 26,585.00 Totals $ 623,635.00 2. All other terms and conditions of said Agreement for Professional Services, as amended, approved by Resolution Nos. 2004-383, 2007-257, 2008-060, 2008-152, 2009-199, 2013-258 and 2015-166 shall remain unchanged. -2- 2015-285 Amendment No. 7 to Agreement for Professional Services with TY Lin International. AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH TY LIN INTERNATIONAL IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first shown above. CITY OF SAN BERNARDINO TY LIN INTERNATIONAL by: by. Allen Parker, City Manager Signature 4:-IL. CL�AxK- �A�l \/1C--;e: y'�r 2_i.)'t'" Print Name/Title Approved as to form: Gary D. Saenz, City Attorney By: ��2r -3 - t1IIe11t*-. I LL l i Lt1V IIV I C I ACORDra CERTIFICATE OF LIABILITY INSURANCE DATE 3/002!202/20D/YYYY) 15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the cert ificate holder is an A DDITIONAL INSURED,t he policy(ies)—m- s)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Nancy Ferrick _ Dealey,Renton &Associates PHONE 510 465-3090 FAX,No 510 452-2193 ----�------- P. O.Box 12675 E-MAIL ^deale ADDRESS nferrick@dealeyrenton.com-_---yrent--_.. ---- - --- ---- Oakland,CA 94604-2675 INSURER(S)AFFORDING COVERAGE NAIC# 510 465-3090 Hartford Fire Ins.Co. 19682 INSURER A: INSURED INSURER B:National Union Fire Ins Co Of P 19445 T.Y. Lin International INSURER C Hartford Underwriters Ins. Co. 30104 345 California Street, Ste.2300 INSURER 0:Aspen Specialty Ins. Co. 10717 San Francisco,CA 94104 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBRII POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY X X 57CESOF1487 3/01/2015!03/01/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISESCEaoccurrene)_.__._$1,000,000 ,. CLAIMS-MADE X'.. OCCUR -MED EXP(Any one person) $10,000 X Contract'1 Llab. PERSONAL&ADV INJURY $1,000,000 X Cross Llab. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ', PRODUCTS-COMP/OP AGG $2,000,000 POLICY X! JE� $ LOC COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY X X 157UENPV4294 3/01/2015:03/01/2016(Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ ---- AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X '. AUTOS '. (Per accident) ---- -- - $ ..UMBRELLA LIAB � �,.. - - —'------ --- -- - - __-- - 8 X X ; OCCUR XX BE011573183 3/01/2015',03/01/2016 EACH OCCURRENCE $5,000000 EXCESS LIAB `- Ii AGGREGATE $5000000 _ _ , , DED T RETENTION$ $ WORKERS COMPENSATION TO Y LIMIT OTH- C X 57WEK08793 3/01/2015 03l01/201fi X TORY LIMITS ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N N/A E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory in NH) —_ — ----- If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional LRA9P0115 3/01/2015;03/01/2016 $2,000,000 per Claim Liability $2,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) General Liability Policy excludes claims arising out of the performance, professional services. 30 Days Notice of Cancellation(10 Days for Non-Payment of Premium). Re: 700988.xx-University Parkway/1-215 Loop Entrance Ramp.It is agreed that City of Bernardino, its officers,agents and employees are included as an Additional Insured as respects to General Liability, but solely in regards to work being performed by or on behalf of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD H ABOVE City of San Bernardino THE EXPIRATIION DATE THE THEREOF, NOTICE IE B CANCELLED BEFORE WI N WILL BE DELIVERED Attn: Michael Grubbs ACCORDANCE WITH THE POLICY PROVISIONS. 300 North D Street San Bernardino,CA 92418 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S12626961M1262573 NMF POLICY NUMBER: 57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations NAME OF ADDITIONAL INSURED PERSON(S)OR ORGANIZATION(S)CONT.:The City of San City of San Bernardino Bernardino,its officers,agents and employees Attn:Michael Grubbs 300 North D Street San Bernardino,CA 92418 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations City of San Bernardino NAME OF ADDITIONAL INSURED PERSON(S)OR ORGANIZATION(S)CONT.:The City of San y Bernardino,its officers,agents and employees Attn:Michael Grubbs 300 North D Street San Bernardino,CA 92418 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy Number: 57UENPV4294 COMMERCIAL AUTOMOBILE HA 99 16 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal affairs. The Named Insured shown in the Declarations is amended to include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A.1. -WHO IS AN INSURED -of which you own more than 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto" while the Insured does not include any subsidiary "auto" is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an (1) The agreement requires you to "insured" under such a policy but for its provide direct primary insurance for termination or the exhaustion of its Limit the lessor and of Insurance. (2) Any organization that is acquired or (2) The"auto" is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto"you hire. newly formed or acquired organization: D. Additional Insured if Required by Contract (a) That is a partnership, joint venture (1) Paragraph A.1. - WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage is (b) That is an "insured" under any other amended to add: policy, f. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy, or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured", but only the acquisition or formation. to the extent such person or Coverage does not apply to bodily organization is liable for "bodily injury" or "property damage" that results injury" or "property damage" caused from an "accident" that occurred before by the conduct of an "insured"under you formed or acquired the organization. paragraphs a. or b. of Who Is An B. Employees as Insureds Insured with regard to the ownership, maintenance or use of a Paragraph A.1. - WHO IS AN INSURED - of covered "auto." SECTION II - LIABILITY COVERAGE is amended to add: ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2• AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any"auto" hired or rented by your"employee"on additional insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or "auto"is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto"for that coverage. airbag. No deductible applies to "loss" caused by fire or g, ELECTRONIC EQUIPMENT - BROADENED lightning. Hired Auto Physical Damage coverage COVERAGE is excess over any other collectible insurance. Subject to the above limit, deductible and excess The exceptions to Paragraphs B.4 - provisions, we will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the "auto"you own. following: We will also cover loss of use of the hired "auto" a.Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely by liable and the lessor incurs an actual financial use of the power from the "auto's" electrical loss, subject to a maximum of $1000 per system that, at the time of"loss", is: "accident". (1) Permanently installed in or upon the This extension of coverage does not apply to any covered "auto"; "auto" you hire or borrow from any of your (2) Removable from a housing unit which is "employees", partners (if you are a partnership), permanently installed in or upon the members (if you are a limited liability company), covered "auto"; or members of their households. (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system. ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 3 of 5 b.$1,500 is the most we will pay for"loss" in any CLAIM, SUIT OR LOSS - of SECTION IV - one "accident" to all electronic equipment that BUSINESS AUTO CONDITIONS that you must reproduces, receives or transmits audio, visual notify us of an "accident" applies only when the or data signals which, at the time of"loss", is: "accident"is known to: (1) Permanently installed in or upon the (1) You, if you are an individual; covered "auto" in a housing, opening or (2) A partner, if you are a partnership; other location that is not normally used by 3) A member, if you are a limited liability the "auto" manufacturer for the installation of such equipment; company; or (4) An executive officer or insurance manager, if (Z) Removable from a permanently installed you are a corporation. housing unit as described in Paragraph b.(1) above or is an integral part of that 13. UNINTENTIONAL FAILURE TO DISCLOSE equipment; or HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c.For each covered "auto", should loss be existing at the inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure. damaged or stolen electronic equipment will 14. HIRED AUTO-COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7. - in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY - deductible is less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE- BROADENED COVERAGE CONDITIONS is replaced by the following: Under Paragraph A. - COVERAGE - of SECTION e. For short-term hired "autos", the coverage III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage is pay for the expense of returning a stolen covered anywhere in the world provided that if the "auto"to you. "insured's" responsibility to pay damages for 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in Under Paragraph D. -DEDUCTIBLE-of SECTION the United States of America, the territories III - PHYSICAL DAMAGE COVERAGE, the and possessions of the United States of following is added: America, Puerto Rico or Canada or in a No deductible applies to glass damage if the settlement we agree to. glass is repaired rather than replaced. 15. WAIVER OF SUBROGATION 11. TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY Under Paragraph D. -DEDUCTIBLE-of SECTION AGAINST OTHERS TO US - of SECTION IV - III - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS is amended by following is added: adding the following: If another Hartford Financial Services Group, We waive any right of recovery we may have Inc. company policy or coverage form that is not against any person or organization with whom an automobile policy or coverage form applies to you have a written contract that requires such the same "accident",the following applies: waiver because of payments we make for (1) If the deductible under this Business Auto damages under this Coverage Form. Coverage Form is the smaller (or smallest) 16. RESULTANT MENTAL ANGUISH COVERAGE deductible, it will be waived; The definition of "bodily injury" in SECTION V- (2) If the deductible under this Business Auto DEFINITIONS is replaced by the following: Coverage Form is not the smaller (or "Bodily injury" means bodily injury, sickness or smallest)deductible, it will be reduced by the disease sustained by any person, including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible. these. 12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS Paragraph 2. of the COMMON POLICY The requirement in LOSS CONDITIONS 2.a. - CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows: ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 4 of 5 If we cancel for any reason other than c.Regardless of the number of autos damaged nonpayment of premium, we will mail or deliver in any one "loss", the most we will pay under to the first Named Insured written notice of this Hybrid Payment Coverage provision for cancellation at least 60 days before the effective anyone "loss"is $10,000. date of cancellation. For the purposes of the coverage provision, 18. HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto is defined as an auto that In the event of a total loss to a "non-hybrid" auto uses only an internal combustion engine to for which Comprehensive, Specified Causes of move the auto. Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows: electric motors; and that uses the internal a.lf the auto is replaced with a "hybrid" auto, we combustion engine and one or more electric will pay an additional 10%, to a maximum of motors to move the auto, or the internal $2,500, of the "non-hybrid" auto's actual cash combustion engine to charge one or more value or replacement cost, whichever is less, electric motors, which move the auto. b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2010,The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5 • • KEEP FOR YOUR RECORDS CITY OF SAN BE"A"INO BUSINESS REGISTRATION CERTIFICATE ACCOUNT rh s Business Registrauon Certificate does not indicate the legal operation of this business at this location Other approvals by other City ACCT NO 200115 departments,such as Development services may be required This Ccrdficate is issued without venEcarien that the certificate is subject to or DATE PAID 05/28/2015 NUMBER ecemp from I etwito by the State of CaUrama " 1rhe 8udncss Owner is m9 mmDle ror timely renewal Not receiving a renewal notice for any reason does not relieve 200115 nesiwneibditp ror thneiv payment if not pud within 30 days of the expiration date shown,a io penalty will be imposed 5575 "0,00 BUSINESS CLASS ENGINEER(OUTSIDE•;) EXPIRATION DATE PEN $30.00 DATE PAID NOTES. 3131/2016 S81186 $1.00 5/28/2015 BUSINESS LOCATION 3550 VINE ST STE 120 OWNER.FIRM OR T Y LIN INTERNATIONAL CORPORATION BALANCE $0.00 BUSINESS NAME T Y LIN INTERNATIONAL. ATTENTION Veronica Fennie Georgeann "Gtgt"Hanna MAILING ADDRESS 345 California Street Ct"i"F CLh.RK SAN FRANCISCO, CA, _94104 POST FN A CONSPICUOUS PLACE •PIES ARE NOT VALID CITY OF SAN BERNARDINO